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CITY  CHARTER 

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ORDINANCES 


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HAVERHILL: 

C.  C.  MORSE  &  SON,  PRINTERS. 
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COMMONWEALTH  OF  MASSACHUSETTS. 


In  the  Year  One  Thousand  Eight  Hundred  and  Sixty-Nine. 


5  £ 


AN  ACT  TO  ESTABLISH  THE  CITY  OF  HAVERHILL. 


The  administration  of  aJLl  the  fiscal,  prudential  ^^"“^lyor 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  m 
General  Court  assembled ,  and  by  the  authority  of  the  dame, 
as  follows :  — 

Section  1 .  The  inhabitants  of  the  town  of  Haverhill  shall  city  established, 
continue  to  be  a  body  politic  and  corporate  under  the  name 
of  the  City  of  Haverhill,  and  as  such  shall  have,  exercise  and  j 
enjoy  all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties  and  obligations  now  incum¬ 
bent  upon  and  pertaining  to  the  said  town  as  a  municipal 
corporation. 

Sect.  2.  _  R[ _ 

and  municipal  affairs  .of  the  said  city,  with  the  government  and  city  coun- 
thereof,  shall  be  vested  in  one  officer,  styled  the  Mayor,  one 
council  of  six,  to  be  called  the  Board  of  Aldermen,  and  one 
council  of  twelve,  to  be  called  the  Common  Council;  which 
boards,  in  their  joint  capacity,  shall  be  denominated  the  City 
Council ;  and  the  members  thereof  shall  be  sworn  to  the  faith¬ 
ful  performance  of  their  respective  duties.  A  majority  ofQUOrum. 
each  board  shall  constitute  a  quorum  for  the  transaction  of 
business.  And  no  member  of  either  board  shall  receive  any 
compensation  for  his  services. 

Sect.  3.  The  election  of  city  and  ward  officers  shall  take  Election  if  ofli- 
place  on  the  first  Monday  of  December  of  each  year ;  and  cers‘ 
the  municipal  year  shall  begin  on  the  first  Monday  of  Janu- 
ary  following. 

\  %  CL 


«o 


I 


4 


MUNICIPAL  REGISTER. 


wards;  how  Sect.  4.  It  shall  be  the  duty  of  tne  selectmen  of  said 

divided,  and  _  _  .  ,  . 

how  altered,  town,  as  soon  as  may  be  after  the  passage  of  this  act  and  its 
acceptance,  as  herein  provided,  to  divide  said  town  into  six 
wards,  to  contain,  as  nearly  as  conveniently  may  be,  an  equal 
number  of  voters,  which  division  may  be  revised  by  the  City 
Council  within  six  years  from  the  passage  hereof.  The  City 
Council  shall  once  in  ten  years,  and  not  oftener,  alter,  if 
needful,  the  boundaries  of  said  wards,  in  such  manner,  how¬ 
ever,  as  to  preserve,  as  far  as  possible,  an  equal  number  of 
voters  in  each  ward. 

ward  officers  Sect.  5.  On  the  first  Monday  of  December,  annually, 

2 nlcembeUr!lly  there  shall  be  chosen  by  ballot,  in  each  of  said  wards,  a 
warden,  clerk,  and  three  inspectors  of  elections,  who  shall  be 


different  persons,  residents  in  the  ward,  who  shall  hold  their 
offices  one  year,  and  until  others  are  chosen  and  qualified  in 
Their  powers,  their  stead.  Said  Wardens  shall  preside  at  all  ward  meet¬ 
ings,  with  the  power  of  Moderators  in  town  meetings ;  and 
if,  at  any  meeting,  the  warden  is  not  present,  the  Clerk  shall 
preside  until  a  Warden  pro  tempore  is  chosen ;  if  both  the 
Warden  and  Clerk  are  absent,  the  senior  in  age  of  the  in¬ 
spectors  present  shall  preside,  until  a  Warden  pro  tempore  is 
chosen ;  and  if  all  said  officers  are  absent,  any  legal  voter  in 
said  ward  may  preside  until  a  Warden  pro  tempore  is  chosen. 
When  any  ward  officer  is  absent,  or  neglects  to  perform  his 
cierk.  duty,  his  office  shall  be  filled  pro  tempore.  The  Clerk  shall 

record  all  the  proceedings  and  certify  the  votes,  and  de¬ 
liver  to  his  successor  in  office  all  such  records  and  journals, 
together  with  all  other  documents  and  papers  held  by  him  in 
Inspectors.  his  said  capacity.  The  Inspectors  shall  assist  the  Warden 
in  receiving,  assorting  and  counting  the  votes.  All  said  offi¬ 
cers  shall  be  sworn  to  a  faithful  discharge  of  their  duties  ; 


said  oath  to  be  administered  by  the  Clerk  to  the  Warden, 
and  by  the  Warden  to  the  Clerk,  and  to  the  Inspectors,  or  to 
either  of  said  officers  by  any  Justice  of  the  Peace  for  Essex 
county  ;  a  certificate  of  such  oaths  shall  be  made  by  the  Clerk 
upon  the  ward  records.  All  warrants  for  meetings  of  the 


Warrants  for 


CITY  CHARTER. 


5 


citizens  for  municipal  purposes,  to  be  held  either  in  wards  or  municipal  meet- 
in  general  meeting,  shall  be  issued  by  the  Mayor  and  Alder- ings' 
men,  and  shall  be  in  such  form,  and  served  and  returned  in 
such  manner  and  at  such  times  as  the  City  Council  shall  di¬ 
rect. 

Sect.  6.  The  Mayor  and  Aldermen  are  authorized,  when  Ward  Rooms, 
no  convenient  ward  room  for  holding  ward  meetings  of  the 
citizens  of  either  of  the  wards  of  the  city  can  be  had,  within 
the  territorial  limits  of  such  ward,  to  appoint  and  direct,  in 
the  warrants  for  calling  the  ward  meetings  of  such  wards, 
the  said  meetings  to  be  held  in  some  convenient  and  proxi¬ 
mate  place  within  the  limits  of  any  other  of  the  wards  of  said 
city ;  and  for  such  purposes  the  place  so  assigned  for  the  meet¬ 
ing  of  such  ward,  shall  be  deemed  and  taken  to  be  included 
in  and  part  of  said  ward,  as  though  the  same  was  within  the 
territorial  limits  thereof. 

Sect.  7.  The  Mayor  shall  be  elected  by  the  qualified  Mayor’s  eiec- 

.  tion  and  term. 

voters  of  the  city  at  large,  voting  in  their  respective  wards, 
and  shall  hold  his  office  for  the  municipal  year  next  following 
his  election,  and  until  another  shall  be  chosen  and  qualified 
in  his  place. 

Sect.  8.  Six  Aldermen  —  one  Alderman  being  selected  Aldermen’8 

election  and 

from  each  ward  —  shall  be  elected  by  the  qualified  voters  of  term, 
the  city  at  large,  voting  in  their  respective  wards,  who  shall 
hold  their  offices  for  one  year  from  the  first  Monday  of  Jan¬ 
uary  next  following  their  election,  and  until  a  majority  of  the 
new  board  are  elected  and  qualified  in  their  place. 

Sect.  9.  Two  Common  Councilmen  shall  be  elected  by  coundimen’s 

election  and 

and  from  the  voters  of  each  ward,  who  shall,  at  the  time  of  term. 
their  election,  be  residents  of  the  wards  respectively  in  which 
they  are  elected,  and  shall  hold  their  offices  for  one  year 
from  the  first  Monday  of  January  next  following  their  elec¬ 
tion,  and  until  a  majority  of  the  new  board  are  elected  and 
qualified  in  their  places. 

Sect.  10.  On  the  first  Monday  of  December  annually,  Annual  eiec- 

.  tions  in  Decenc 

the  qualified  voters  in  the  several  wards  shall  give  in  their  ter. 


6 


municipal  register. 


Certificates  of 
election  of 
Councilmen. 


Adjournments 
to  complete 
elections. 


Mayor’s  elec¬ 
tion;  how  cer¬ 
tified. 


Failure  of 
election,  or 


cases  of  va¬ 
cancy  what 
proceedings, 


and  also  of 
Aldermen. 


votes  by  ballot  for  Mayor,  Aldermen  and  Common  Council- 
men,  in  accordance  with  the  provisions  of  this  act,  and  all 
the  votes  so  given  shall  be  assorted,  declared  and  recorded 
in  open  ward  meeting,  by  causing  the  names  of  persons  voted 
for,  and  the  number  given  for  each,  to  be  written  in  the  ward 
record  at  length.  The  Clerk  of  the  ward,  within  twenty- 
four  hours  thereafter,  shall  deliver  to  the  persons  elected 
members  of  the  Common  Council,  certificates  of  their  elec¬ 
tion  respectively,  signed  by  the  Warden  and  Clerk  and  a 
majority  of  the  Inspectors  of  Elections,  and  shall  deliver  to 
the  City  Clerk  a  copy  of  the  record  of  such  elections,  certi¬ 
fied  in  like  manner;  provided,  however,  that  if  the  choice  of 
members  of  the  Common  Council  shall  not  be  effected  on 
that  day  in  any  ward,  the  meeting  in  such  a  ward  may  be  ad¬ 
journed  from  time  to  time,  to  complete  such  election.  The 
Board  of  Aldermen  shall,  within  ten  days  thereafter,  exam¬ 
ine  the  copies  of  the  records  of  the  several  wards,  certified 
as  aforesaid,  and  shall  cause  the  person  who  shall  have  been 
elected  Mayor  to  be  notified  in  writing  of  his  election,  but  if 
it  shall  appear  that  no  person  has  received  a  majority  of  the 
votes,  or  if  the  person  elected  shall  refuse  to  accept  the  office, 
the  board  shall  issue  warrants  for  a  new  election,  and  the 
same  proceedings  shall  be  had  in  all  respects  as  are  herein¬ 
before  provided  for  the  choice  of  Mayor,  and  from  time  to 
time  shall  be  repeated  until  a  Mayor  shall  be  chosen  and 
shall  accept  said  office.  In  case  of  the  decease,  resignation 
or  absence  of  the  Mayor,  or  of  his  inability  to  perform  the 
duties  of  his  office,  it  shall  be  the  duty  of  the  Board  of  Al¬ 
dermen  and  Common  Council  respectively,  by  vote,  to 
declare  that  a  vacancy  exists,  and  the  cause  thereof;  and 
thereupon  the  two  boards  shall  meet  in  convention  and  elect 
a  Mayor  to  fill  such  vacancy ;  and  the  Mayor  thus  elected 
shall  hold  his  office  until  the  inability  causing  such  vacancy 
shall  be  removed,  or  until  a  new  election.  If  it  shall  appear 
that  the  whole  number  of  Aldermen  have  not  been  elected, 
the  same  proceedings  shall  be  had,  as  are  hereinbefore  pro- 


CITY  CHARTER. 


4 


vided  in  regard  to  the  choice  of  Mayor.  Each  Alderman 
shall  be  notified  in  writing  of  his  election  by  the  Mayor  and 
Aldermen  for  the  time  being.  The  oath  prescribed  by  this  oaths  of  office, 
act  shall  be  administered  to  the  Mayor  by  the  City  Clerk,  or  tered. 
by  any  Justice  of  the  Peace  for  the  county  of  Essex.  The 
Aldermen  and  Common  Councilmen  elect  shall,  on  the  first  convention. 
Monday  of  January,  at  ten  o’clock  in  the  forenoon,  meet  in 
convention,  when  the  oath  required  by  this  act  shall  be  ad¬ 
ministered  to  the  members  of  the  two  boards  present,  by  the 
Mayor,  or  by  any  Justice  of  the  Peace  for  the  county  of 
Essex  ;  and  a  certificate  of  such  oath  having  been  taken  shall 
be  entered  on  the  journal  of  the  Mayor  and  Aldermen,  and 
of  the  Common  Council,  by  their  respective  clerks.  And 
whenever  it  shall  appear  that  a  Mayor  has  not  been  elected  Non-eiection  of 
previous  to  the  first  Monday  of  January  aforesaid,  the  Mayor  Mayor* 
and  Aldermen  for  the  time  being  shall  make  a  record  of  that 
fact,  an  attested  copy  of  which  the  City  Clerk  shall  read  at 
the  opening  of  the  convention  to  be  held  as  aforesaid.  After 
the  oath  has  been  administered  as  aforesaid,  the  two  boards  organization  of 

.  Common  Coun- 

shall  separate,  and  the  Common  Council  shall  be  organized  cilt 
by  the  choice  of  a  President  and  Clerk,  to  hold  their  offices 
respectively  during  the  pleasure  of  the  Common  Council ;  the 
Clerk  to  be  under  oath  faithfully  to  perform  the  duties  of  his 
said  office.  In  case  of  the  absence  of  the  Mayor  elect  on  the  Absence  of 
first  Monday  of  January,  or  if  a  Mayor  shall  not  then  have  Major- 
been  elected,  the  city  council  shall  organize  itself  in  the 
manner  hereinbefore  provided,  and  may  proceed  to  business 
in  the  same  manner  as  if  the  Mayor  was  present ;  and  the 
oath  of  office  may,  at  any  time  thereafter  in  convention  of  the 
two  boards, be  administered  to  the  Mayor  and  any  member 
of  the  city  council  who  may  have  been  absent  at  the  organi¬ 
zation.  In  the  absence  of  the  Mayor,  the  Board  of  Aldermen  chairman  of 
may  choose  a  presiding  officer  pro  tempore,  who  shall  also  Aldcrmen- 
preside  at  the  joint  meetings  of  the  two  boards.  Each  board 
shall  keep  a  record  of  its  own  proceedings,  and  judge  of  the  Records, 
elections  of  its  own  members ;  and  in  case  of  failure  of  elec- 


8 


MUNICIPAL  REGISTER. 


tion,  or  in  case  of  vacancy  declared  by  either  board,  the 
Mayor  and  Aldermen  shall  issue  their  warrants  for  a  new 
election. 

Mayor’s  duties  Sect.  11.  The  Mayor  shall  be  the  chief  executive  officer 
and  powers.  ^  the  city.  It  shall  be  his  duty  to  be  active  and  vigilant  in 

causing  the  laws  and  regulations  of  the  city  to  be  enforced, 
and  to  keep  a  general  supervision  over  the  conduct  of  all 
subordinate  officers.  And  he  may,  whenever  in  his  opinion 
the  public  good  may  require,  remove,  with  the  consent  of 
the  appointing  power,  any  officer  over  whose  appointment  he 
has,  in  accordance  with  the  provisions  of  this  charter,  exer¬ 
cised  the  power  of  nomination.  He  may  call  special  meet¬ 
ings  of  the  boards  of  Aldermen  and  Common  Councils,  or 
either  of  them,  when  in  his  opinion  the  interests  of  the  city 
require  it,  by  causing  notice  to  be  left  at  the  usual  place  of 
residence  of  each  member  of  the  board  or  boards  to  be  con¬ 
vened.  He  shall  from  time  to  time  communicate  to  both 
boards  such  information  and  recommend  such  measures  as 
the  business  and  interests  of  the  city  may  in  his  opinion  re¬ 
quire.  He  shall  preside  in  the  board  of  Aldermen,  and  in 
Convention  of  the  two  boards,  but  shall  have  a  casting  vote 
Salary.  only.  His  salary  for  the  first  five  years,  under  this  charter 

shall  be  fixed  by  the  city  council,  but  shall  not  exceed  the 
sum  of  one  thousand  dollars  per  annum.  Afterwards  it  shall 
be  such  as  the  city  council  shall  determine.  It  shall  be  pay¬ 
able  at  stated  periods,  but  shall  not  at  any  time  be  increased 
or  diminished  during  the  year  for  which  he  is  chosen.  He 
shall  receive  no  other  compensation. 

Board  of  m.  and  Sect.  12.  The  executive  power  of  said  city  generally 
tutiePs°Wer8°“d  and  the  administration,  with  all  the  powers  heretofore  vested 
in  the  Selectmen  of  Haverhill,  shall  be  vested  in  and  may  be 
exercised  by  the  Mayor  and  Aldermen  as  fully  as  if  the  same 
were  herein  specially  enumerated.  The  Mayor  and  Alder- 
Appotat  police,  men  shall  have  full  and  exclusive  power  to  appoint  a  consta- 
aod  remove.  bl@  Qr  constablcs,  and  a  City  Marshal  and  assistants,  with 
the  powers  and  duties  of  constables,  and  all  other  1  olice  of- 


CITY  CHARTER. 


9 


fleers,  and  the  same  to  remove  at  pleasure.  And  the  Mayor 
and  Aldermen  may  require  any  person  who  may  be  appointed 
Marshal  or  Constable  of  the  city,  to  give  bonds  for  the  faith¬ 
ful  discharge  of  the  duties  of  the  office,  with  such  security 
and  to  such  amount  as  they  may  deem  reasonable  and  proper, 
upon  which  bonds  the  like  proceedings  and  remedies  may  be 
had  as  are  by  law  provided  in  case  of  Constable’s  bonds, 
taken  by  the  Selectmen  of  towns.  The  city  council  shall  city  Council 

J  *|  ...  ,  havemanage- 

have  the  care  and  superintendence  of  the  city  buildings,  and  mentofCity 
the  custody  and  management  of  all  city  property,  with  property’ 
power  to  let  or  to  sell  what  may  legally  be  let  or  sold,  and  to 
purchase  property,  real  or  personal,  in  the  name  and  for  the 
use  of  the  city  whenever  its  interests  or  convenience  may,  in 
their  judgment,  require  it.  And  the  Mayor  and  Aldermen 
shall,  as  often  as  once  a  year,  cause  to  be  published  for  the  Annual  Re¬ 
use  of  the  inhabitants,  a  particular  account  of  the  receipts  p 
and  expenditures,  and  a  schedule  of  city  property  ajid  of  the 
city  debts. 

Sect.  13.  In  all  cases  in  which  appointments  are  directed  Appointments 

by  M.  and  A. 

to  be  made  by  the  Mayor  and  Aldermen,  the  Mayor  shall 
have  the  exclusive  power  of  nomination,  being  subject,  how¬ 
ever,  to  confirmation  or  rejection  by  the  board  of  Aldermen  ; 
and  no  person  shall  be  eligible  by  appointment  or  election  to 
any  office  of  emolument,  the  salary  of  which  is  payable  out 
of  the  city  Treasury,  who,  at  the  time  of  such  appointment 
or  election,  shall  be  a  member  of  the  Board  of  Aldermen  or 
of  the  Common  Council.  All  sittings  of  the  Mayor  and  Al-  Sessions  public, 
dermen,  of  the  Common  Council,  and  of  the  City  Council, 
shall  be  public  when  they  are  not  engaged  in  executive  busi¬ 
ness. 

Sect.  14.  The  City  Council  shall  annually,  as  soon  after  city  cierk and 

.  .  .  ,  other  officers ; 

their  organization  as  may  be  convenient,  elect  by  joint  ballot  how  chosen 
in  convention,  a  Treasurer  and  Collector  of  Taxes,  City  ^odver®‘ 
Clerk,  one  or  more  Superintendents  of  Highways,  a  City  So¬ 
licitor,  City  Auditor,  and  City  Physician,  who  shall  hold 
their  offices  respectively  for  the  term  of  one  year,  and  until 


10 


MUNICIPAL  REGISTER. 


Fire  Engineers. 


Compensations. 


City  Clerk’s 
duties. 


Other  officers. 


Money;  how 
jpaid,  etc. 


Overseers  of 
Poor. 


Chairman  and 
members. 


their  successors  shall  be  chosen  and  qualified  ;  provided,  how¬ 
ever,  that  either  of  the  officers  named  in  this  section  may  be 
removed  at  any  time  by  the  City  Council  for  sufficient  cause. 

Sect.  15.  The  City  Council  shall,  annually  in  the  month 
of  January,  elect  by  joint  ballot  in  convention,  a  Chief  En¬ 
gineer  of  the  Eire  Department,  and  as  many  Assistant 
Engineers,  not  exceeding  eight,  as  they  may  deem  expedient, 
who  shall  hold  their  offices  for  the  term  of  one  year  from  the 
first  Monday  of  February  next  ensuing,  and  until  their  suc¬ 
cessors  are  chosen  and  qualified.  The  compensation  of  the 
foregoing  officers  mentioned  in  the  last  two  sections  shall  be 
fixed  by  concurrent  vote  of  the  City  Council. 

Sect.  16.  The  City  Clerk  shall  also  be  Clerk  of  the 
Board  of  Aldermen,  and  shall  be  sworn  to  the  faithful  per¬ 
formance  of  his  duties.  He  shall  perform  such  duties  as 
shall  be  prescribed  by  the  Board  of  Aldermen ;  and  he  shall 
perform  all  the  duties  and  exercise  all  the  powers  incumbent 
by  law  upon  him.  He  shall  deliver  to  his  successor  in  office 
as  soon  as  chosen  and  qualified,  all  journals,  records,  papers, 
documents,  or  other  things  held  by  him  in  his  capacity  as 
City  Clerk. 

Sect.  17.  The  City  Council  shall,  in  such  manner  as  they 
shall  determine,  elect  or  appoint  all  other  subordinate  officers, 
for  whose  election  or  appointment  other  provision  is  not 
herein  made,  define  their  duties  and  fix  their  compensation. 

Sect.  18.  The  City  Council  shall  take  care  that  no  money 
be  paid  from  the  treasury  unless  granted  or  appropriated, 
and  shall  secure  a  just  and  proper  accountability  by  requiring 
bonds  with  sufficient  penalties,  and  sureties  from  all  persons 
intrusted  with  the  receipt,  custody  or  disbursement  of  money. 

Sect.  19.  The  Board  of  Overseers  of  the  Poor  in  the 
City  of  Haverhill  shall  consist  of  six  members,  residents  of 
the  city.  The  Mayor,  President  of  the  Common  Council, 
and  City  Marshal  shall  be  ex-officio  members  of  the  Board. 
The  Mayor  shall  be  ex-officio  Chairman  of  the  Board. 
The  City  Council  shall  annually  elect,  by  joint  ballot  in  con- 


CITY  CHARTER. 


11 


vention,  on  the  first  Monday  of  January,  three  persons  to  be 
members  of  said  Board,  and  to  hold  their  offices  for  one  year 
next  ensuing,  and  until  others  shall  be  elected  and  qualified 
in  their  stead.  But  no  more  than  one  of  the  three  members 
so  to  be  elected  shall  be  eligible  from  any  one  ward  of  said 
city.  Vacancies  occurring  in  the  board  may  be  filled  by  vacancies  and 
joint  ballot  of  the  City  Council  at  any  time,  the  members  so  removas- 
elected  to  hold  office  only  for  the  unexpired  term  of  the 
member  who  has  ceased  to  hold  office.  The  City  Council 
may  at  any  time  remove  members  of  said  board  from  office 
for  cause.  The  board  shall  be  organized  annually  on  the 
third  Monday  in  January. 

Sect.  20.  The  City  Council,  chosen  in  the  month  of  De-  Assessors;  how 
cember,  in  the  year  eighteen  hundred  and  sixtv-nine,  shall, 
on  the  first  Monday  of  January,  in  the  year  eighteen  hundred 
and  seventy,  elect  by  joint  ballot  in  convention  three  per¬ 
sons  to  be  Assessors  of  Taxes,  one  to  be  chosen  for  three 
years,  one  for  two  years  and  one  for  one  year ;  and  thereafter 
the  City  Council  shall,  annually,  on  the  first  Monday  of  Jan¬ 
uary,  elect  in  the  same  manner  one  person  to  hold  said  office 
for  the  term  of  three  years  from  his  election,  whose  compen-  Compensations, 
sation  shall  be  fixed  by  the  concurrent  vote  of  the  City 
Council.  The  persons  so  chosen  shall  constitute  the  Board 
of  Assessors,  and  shall  exercise  the  powers,  and  be  subject  to  Duties, 
the  liabilities  and  duties  of  assessors  in  towns.  In  case  of  a 
vacancv  in  said  Board  of  Assessors,  such  vacancy  shall  be  vacancies; 

J  how  filled. 

filled  by  the  choice  of  another  assessor,  in  the  manner  afore¬ 
said,  to  serve  for  the  unexpired  term  for  which  the  member 
whose  place  he  fills  was  to  have  held  his  office.  All  taxes  Assessment  and 
shall  be  assessed,  apportioned  and  collected  in  the  manner  taxes, 
prescribed  by  the  general  laws  of  the  Commonwealth ;  pro¬ 
vided,  however,  that  the  City  Council  may  establish  further 
or  additional  provisions  for  the  collection  thereof. 

Sect.  21.  The  qualified  voters  of  each  ward,  at  their  re-  Assistant  asses- 
spective  annual  ward  meetings  for  the  choice  of  officers,  shall 80rs* 
elect  by  ballot  one  person  in  each  ward,  who  shall  be  a  resi- 


12 


municipal  register. 


compensations  dent  of  said  ward,  to  be  an  Assistant  Assessor,  whose  com- 
and  duties.  penfjation  shall  be  fixed  by  the  City  Council ;  and  it  shall  be 
the  duty  of  the  persons  so  chosen  to  furnish  the  Assessors 
with  all  necessary  information  relative  to  persons  and  prop¬ 
erty  taxable  in  their  respective  wards ;  and  they  shall  be 
sworn  to  the  faithful  performance  of  their  duty. 

School  Commit-  Sect.  22.  The  qualified  voters  of  each  ward  shall,  on  the 
tec ;  how  chosen  „  .  A|on<jay  0f  December,  in  the  year  eighteen  hundred 

terms.  an(i  sixty-nine,  elect  by  ballot  three  persons  in  each  ward  to 

be  members  of  the  School  Committee,  one  to  be  chosen  for 
three  years,  one  for  two  years,  and  one  for  one  year  from  the 
first  Monday  of  January,  in  the  year  eighteen  hundred  and 
seventy ;  and  thereafter  one  person  shall  be  chosen  in  each 
ward  at  their  respective  annual  meetings  for  the  term  of  three 
years  from  the  first  Monday  of  January  next  ensuing ;  and  the 
persons  so  chosen  shall,  with  the  Mayor,  constitute  the 
School  Committee,  and  have  the  care  and  superintendence  of 
Mayor, chair-  the  public  schools.  The  Mayor  shall  be  ex-officio  Chairman 
0f  the  Board.  And  all  the  rights  and  obligations  of  the  Town 
of  Haverhill,  in  relation  to  the  grant  and  appropriation  of 
money  to  the  support  of  schools,  and  the  special  powers  and 
authority  heretofore  conferred  by  law  upon  the  inhabitants 
school- money,  of  the  school  districts  in  said  town,  to  raise  money  for  the 
support  of  schools  therein,  shall  be  merged  in  the  powers  and 
obligations  of  the  city,  to  be  exercised  in  the  same  manner 
as  over  other  subjects  of  taxation ;  and  all  grants  and  appro¬ 
priations  of  money  for  the  support  of  schools  and  the  erec¬ 
tion  and  repair  of  school-houses  in  said  city  shall  be  made  by 
the  City  Council,  in  the  same  manner  as  grants  and  appro- 
priations  are  made  for  other  city  purposes, 
provision  for  no  Sect.  23 .  Should  there  fail  to  be  a  choice  of  members  of 
cheice'  the  School  Committee  or  Assistant  Assessors  in  any  ward  on 

the  day  of  the  annual  ward  meeting,  the  meeting  shall  be 
adjourned  from  time  to  time  until  the  elections  shall  be  com- 
pleted. 

Laying  out  Sect.  24.  The  City  Council  shall  have  power  to  lay  out 

sidewalks. 


CITY  CHARTER. 


13 


sidewalks,  and  fix  the  width,  height  and  grade  of  the  same, 
and  require  all  persons,  owning  land  abutting  on  such  side¬ 
walks  to  pave  the  walks  with  brick,  stone  or  cement,  and 
keep  the  same  in  good  repair,  as  they  may  direct,  the  city 
first  setting;  the  curbstones  and  paving  the  gutters  ;  and  in  city  provide 

°  curbings,  and 

case  any  person,  owning  land  as  aforesaid,  shall  neglect  or  compel  paving 
refuse  to  comply  with  the  requirements  of  the  City  Council 
after  receiving  due  notice  of  such  requirements,  the  City 
Council  shall  have  power  to  cause  such  sidewalks  to  be  paved 
and  kept  in  good  repair  according  to  said  requirements,  and 
may  recover  of  said  owner  by  an  action  of  tort  in  the  name  of 
the  city,  the  expense  of  paving  and  keeping  the  same  in  good 
repair.  The  City  Council  shall  have  the  same  powers  in  rela-  Laying  out 

•  •  streets  etc. 

tion  to  the  laying  out,  acceptance,  altering  or  discontinuing 
of  streets  and  ways,  and  the  assessment  of  damages,  which 
selectmen  and  inhabitants  of  towns  now  have  by  law,  all 
petitions  and  questions  relating  to  the  same,  however,  being 
first  acted  on  by  the  Mayor  and  Aldermen.  Any  person 
aggrieved  by  any  proceedings  of  the  Mayor  and  Aldermen,  Appeal  for 

.  .  i  n  i  grievance. 

or  of  the  City  Council  under  this  provision,  shall  have  all  the 
rights  and  privileges  now  allowed  in  appeals  from  the  deci¬ 
sions  of  Selectmen  or  the  inhabitants  of  towns.  No  street  or 
wav  shall  hereafter  be  opened  in  the  City  of  Haverhill  over  New  streets 

J  .  ..  forty  feet  width, 

any  private  land  by  the  owners  thereof,  and  dedicated  to  or 
permitted  to  be  used  by  the  public  of  a  less  width  than  forty 
feet,  except  with  the  consent  of  said  Mayor  and  Aldermen  in 
writing,  first  had  and  obtained  for  that  purpose.  The  City 
Council  shall  also  have  authority  to  cause  drains  and  common  Drains  and 

sewers. 

sewers  to  be  laid  down  through  any  street  or  private  lands, 
paying  the  owners  such  damage  as  they  may  sustain  thereby, 
such  damage  to  be  assessed  in  the  same  manner  and  upon  the 
same  principles  as  damages  are  assessed  in  the  laying  out  of 
town  ways,  and  to  require  all  persons  to  pay  a  reasonable 
sum  for  the  privilege  of  opening  any  drain  into  said  public 
drain  or  common  sewer;  and  also  to  require  that  private 
drains  shall  be  conducted  into  the  public  drain  or  sewer,  in 


14 


MUNICIPAL  BEGISTEB. 


Inspection  of 
lumber,  hay, 
etc. 


By-laws. 


Fines. 


General  elec¬ 
tions. 


Lists  of  voters 


case  the  said  City  Council  shall  judge  the  same  necessary  or 
proper  for  the  health  and  cleanliness  of  the  city. 

Sect.  25.  The  City  Council  may  make  by-laws  with  suit¬ 
able  penalties,  for  the  inspection  and  survey,  measurement 
and  sale  of  lumber,  wood,  hay,  coal  and  bark,  brought  into 
or  exposed  in  the  city  for  sale,  and  shall  have  the  same  pow¬ 
ers  as  the  town  had  in  reference  to  the  suspension  of  the  laws 
for  the  protection  and  preservation  of  useful  birds,  and  of  all 
other  laws,  the  operation  or  suspension  of  which  is  subject  to 
the  action  of  the  town  thereon.  The  City  Council  may  also 
make  all  such  salutary  and  needful  by-laws  as  towns  by  the 
laws  of  this  Commonwealth  have  power  to  make  and  establish, 
and  to  annex  penalties  not  exceeding  twenty  dollars,  for  the 
breach  thereof,  which  by-laws  shall  take  effect  and  be  in  force 
from  and  after  the  time  therein  respectively  limited,  without 
the  sanction  of  any  court,  but  subject  to  the  approval  of  the 
Mayor  :  provided,  however,  that  all  laws  and  regulations  in  v 

force  in  the  town  of  Haverhill  shall,  until  they  shall  expire  by 
their  own  limitation,  or  be  revised  or  repealed  by  the  City 
Council,  remain  in  force  ;  and  all  fines  and  forfeitures  for  the 
breach  of  any  by-law  or  ordinance  shall  be  paid  into  the  city 
treasury. 

Sect.  26.  All  elections  of  National,  State,  County  and 
District  officers,  who  are  voted  for  by  the  people,  shall  be 
held  at  meetings  of  the  citizens  qualified  to  vote  at  such  elec¬ 
tions  in  their  respective  wards,  at  the  time  fixed  by  law  for 
these  elections  respectively. 

Sect.  27.  Ten  days  prior  to  every  election,  the  Mayor  \ 
and  Aldermen  shall  make  out  lists  of  all  the  citizens  of  each 
ward  qualified  to  vote  in  such  elections,  in  the  manner  in 
which  Selectmen  of  towns  are  required  to  make  out  lists  of 
voters  ;  and  for  that  purpose  they  shall  have  full  access  to  the 
Assessors’  books  and  lists,  and  are  empowered  to  call  for  the 
assistance  of  the  Assessors,  Assistant  Assessors,  and  other 
city  officers ;  and  they  shall  deliver  the  lists  so  prepared  and 
corrected  to  the  Clerks  of  the  several  wards,  to  be  used  at 


CITY  CHARTER. 


15 


such  elections  ;  and  no  person  shall  be  entitled  to  vote  whose 
name  is  not  borne  on  such  list.  A  list  of  the  voters  in  each 
ward  shall  be  posted  in  one  or  more  public  places  in  each 
ward. 

Sect.  28.  General  meetings  of  the  citizens  qualified  to  Public  meetings, 
vote  may  from  time  to  time  be  held  to  consult  upon  the  pub¬ 
lic  good,  to  instruct  their  representatives,  and  to  take  all  law¬ 
ful  means  to  obtain  redress  for  any  grievances,  according  to 
the  right  secured  to  the  people  by  the  constitution  of  this 
Commonwealth,  and  such  meetings  may  and  shall  be  duly 
warned  by  the  Mayor  and  Aldermen,  upon  the  request  in 
writing,  setting  forth  the  purposes  thereof,  of  fifty  qualified 
voters. 

Sect.  29.  All  power  and  authority  now  vested  by  law  Board  of 
in  the  Board  of  Health  of  the  town  of  Haverhill,  or  in  the  Health’ 
Selectmen  thereof,  shall  be  transferred  to  and  vested  in  the 
City  Council,  to  be  by  them  exercised  in  such  manner  as 
they  may  deem  expedient. 

Sect.  30.  The  act  entitled  "an  act  to  establish  a  fire  de- Fire  Depart- 
partment  in  the  town  of  Haverhill,”  passed  the  fifth  day  of meDt' 

March,  in  the  year  one  thousand  eight  hundred  and  forty-one, 
shall  continue  in  force  ;  and  all  the  power  and  authority  now 
vested  in  the  Selectmen  of  Haverhill,  in  relation  to  the  fire 
department  in  that  town,  shall  be  transferred  to  and  vested 
in  the  Mayor  and  Aldermen.  But  the  City  Council  shall 
have  power  to  establish  fire  limits  within  the  city,  and  from  Fire  limits,  and 
time  to  time  change  and  enlarge  the  same  ;  and  by  ordinance  buildings, 
they  shall  regulate  the  construction  of  all  buildings  erected 
within  said  fire  limits,  stipulating  their  location,  size,  and 
the  materials  of  which  they  shall  be  constructed,  together 
with  such  other  rules  and  regulations  as  shall  tend  to  in¬ 
sure  the  same  from  damage  by  fire. 

Sect.  31.  The  power  and  authority  vested  in  the  town  Aqueduct  Com- 
of  Haverhill,  by  the  seventy-third  chapter  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-seven,  to  purchase,  or 
otherwise  take,  the  property  belonging  to  the  Haverhill 


16 


MUNICIPAL  REGISTER. 


Aqueduct  Company,  shall  he  vested  in,  and  may  be  exer¬ 
cised  by  the  City  Council. 

Amendments  Sect.  32.  Nothing  in  this  act  contained  shall  be  so  con- 
and  alterations.  ag  restrain  or  prevent  the  Legislature  from  amend¬ 

ing  or  altering  the  same,  whenever  they  shall  deem  it  ex¬ 
pedient. 

opposing  acts  Sect.  33.  All  acts,  and  parts  of  acts,  inconsistent  with 
repealed.  thig  ^  are  hereby  repealed ;  provided,  however,  that  the 

repeal  of  the  said  acts  shall  not  affect  any  act  done,  or  any 
right  accruing  or  accrued  or  established,  or  any  suit  or  pro¬ 
ceeding  had  or  commenced  in  any  civil  case  before  the  time 
when  such  repeal  shall  take  effect ;  and  that  no  offence  com¬ 
mitted,  and  no  penalty  or  forfeiture  incurred  under  any  act 
hereby  repealed,  and  before  the  time  when  such  repeal  shall 
take  effect,  shall  be  affected  by  the  repeal ;  and  that  no  suit 
or  prosecution  pending  at  the  time  of  the  said  repeal,  for  any 
offence  committed  or  for  the  recovery  of  any  penalty  or  for¬ 
feiture  incurred  under  said  acts,  shall  be  affected  by  such 
repeal;  and  provided,  also,  that  all  persons  who  at  the  time 
of  the  said  repeal  taking  effect,  shall  hold  any  office  under 
the  said  acts  shall  continue  to  hold  the  same  until  the  organ¬ 
ization  of  the  city  government  contemplated  by  this  charter, 
shall  be  completely  effected. 

First  organize  Sect.  34.  For  the  purpose  of  organizing  the  system  of 
videk-Lough  government  hereby  established,  and  putting  the  same  in 
Selectmen,  etc.  0peration  in  the  first  instance,  the  Selectmen  of  the  town  of 
Haverhill,  for  the  time  being  shall  issue  their  Warrants  seven 
days  at  least  previous  to  the  first  Monday  of  December  of  \ 
the  present  year,  calling  meetings  of  the  citizens  of  each 
Ward  on  that  day,  at  such  place  and  hour  as  they  may  deem 
expedient,  for  the  purpose  of  choosing  a  Warden,  Clerk  and 
Inspectors  of  each  Ward,  and  all  other  officers  whose  elec¬ 
tion  is  provided  for  in  the  preceding  sections  of  this  act ; 
and  the  transcripts  of  the  records  in  each  Ward  specifying 


CITY  CHARTER. 


17 


the  votes  given  for  the  several  officers  aforesaid,  certified  by 
the  Warden  and  Clerk  of  the  Ward  at  said  first  meeting, 
shall  be  returned  to  said  Selectmen,  whose  duty  it  shall  be 
to  examine  and  compare  the  same ;  and  in  case  such  elec¬ 
tions  should  not  be  completed  at  the  first  meeting,  then  to 
issue  new  warrants  until  such  elections  shall  be  completed, 
and  to  give  notice  thereof  in  manner  before  provided,  to  the 
several  persons  elected.  And  at  said  first  meeting  a  list  of 
voters  in  each  Ward,  prepared  and  corrected  by  the  Select¬ 
men  for  the  time  being,  shall  be  delivered  to  the  Clerk  of 
each  Ward,  when  elected,  to  be  used  as  herein  before  pro¬ 
vided.  After  the  choice  of  the  city  officers  as  aforesaid,  or 
a  majority  of  both  boards,  the  Selectmen  shall  appoint  a 
place  for  their  first  meeting,  and  shall,  by  written  notice  left 
at  the  place  of  residence  of  each  member,  notify  them 
thereof.  And  after  this  first  election  of  city  officers,  and 
this  first  meeting  for  the  organization  of  the  City  Council 
according  to  the  provisions  of  section  ten  of  this  act,  as  pro¬ 
vided  for  in  this  section,  the  day  of  holding  the  annual  elec¬ 
tions,  and  the  day  and  hour  for  the  meeting  of  the  City 
Council  for  the  purpose  of  organization,  shall  remain  as  pro¬ 
vided  in  said  tenth  section  of  this  act.  It  shall  be  the  duty 
of  the  City  Council,  immediately  after  the  first  organization, 
to  carry  into  effect  the  several  provisions  of  this  act. 

Sect.  35.  This  act  shall  be  void,  unless  the  inhabitants  Popular  ratm- 
of  the  Town  of  Haverhill,  at  a  legal  town  meeting  called  for 
that  purpose,  shall  by  a  vote  of  a  majority  of  the  voters 
present,  voting  thereon  as  hereinafter  provided,  determine  to 
adopt  the  same.  At  said  meeting  the  votes  shall  be  taken 
by  written  or  printed  ballots,  and  the  polls  shall  be  kept 
open  not  less  than  six  hours.  The  Selectmen  shall  preside 
in  said  meeting,  and  in  receiving  said  ballots  shall  use  the 
check-lists  in  the  same  manner  as  they  are  used  in  elections 
of  State  officers. 


2 


MUNICIPAL  REGISTER. 


Sect.  36.  This  act  shall  go  into  operation  from  and  after 
its  passage. 

House  or  Representatives,  March  6,  1869. 
Passed  to  be  enacted. 

HARVEY  JEWELL,  Speaker. 
In  Senate,  March  8,  1869. 

Passed  to  be  enacted. 

ROBERT  C.  PITMAN,  President. 

March  10,  1869.  Approved. 

WILLIAM  CLAFLIN. 
Secretary’s  Department,  Boston,  March  31,  1869. 
A  true  copy.  Attest : 

OLIVER  WARNER,  Secretary  of  the  Commonwealth . 


CITY  ORDINANCES, 


> 

CHAP.  I. 


ORDINANCES  AND  ELECTIONS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Haver¬ 
hill,  as  follows  :  — 

Section  1 .  All  by-laws  passed  by  the  City  Council  shall  ordi- 
be  termed  ordinances,  and  the  enacting  style  shall  be  : 

Be  it  ordained  by  the  City  Council  of  the  City  of  Haver¬ 
hill,  as  follows  :  — 

And  they  shall  be  arranged  in  chapters  and  sections,  and 
numbered  as  convenience  may  require. 

Sect.  2.  All  ordinances  shall  be  recorded  by  the  City  how  recorded 
Clerk  in  the  order  in  which  they  are  enacted,  in  a  suitable 
book,  kept  in  the  Clerk’s  office,  and  subject  to  the  inspec¬ 
tion  of  the  citizens. 

Sect.  3.  All  ordinances,  and  such  orders  of  the  jHayor  and  promui- 
and  Aldermen  as  the  Mayor  may  deem  advisable,  shall  be 
promulgated  by  at  least  one  insertion  in  each  paper  pub¬ 
lished  in  the  city.  Printed  copies  may  also  be  publicly  dis¬ 
tributed  at  his  discretion. 

Sect.  4.  The  form  of  warrants  for  calling  meetings  of 
the  citizens  of  the  several  wards,  shall  be  as  follows  :  — 

CITY  OF  HAVERHILL. 


To  either  of  the  Constables  of  said  City,  Greeting  :  — 

In  the  name  of  the  Commonwealth  you  are  required  forth¬ 
with  to  warn  the  citizens  of  Ward  No.  qualified  to  vote  as 
the  law  directs  to  assemble  at  on  the  day  of 

at  o’clock  in  the  forenoon,  then  and 

there  to  give  in  their  ballots  for 


Warrants  for 
ward  meetings. 


20 


MUNICIPAL  REGISTER. 


Hereof  fail  not,  and  have  you  there  this  warrant  with 
your  doings  thereon : 

Witness  Mayor  of  said  City  of  Ha- 

[seal]  verhill,  this  day  of 

A.D.  one  thousand  eight  hundred  and 
By  order  of  the  Mayor  and  Aldermen 

City  Clerk. 

Sect.  5.  The  form  of  warrant  for  calling  general  meet¬ 
ings  of  the  citizens,  shall  be  as  follows,  viz  :  — 

CITY  OF  HAVERHILL. 


Warrants  for 
general  meet¬ 
ings. 


<3  6  'l  ^ 

ij 


To  either  of  the  Constables  of  said  City  —  Greeting : 

In  the  name  of  the  Commonwealth  of  Massachusetts,  you 
are  hereby  required  forthwith  to  warn  the  citizens  of  Haver¬ 
hill,  qualified  to  vote  as  the  law  directs,  to  assemble  in 
general  meeting  at  the  City  Hall  on  the  day  of 

at  o’clock  then  and  there  to 

Hereof  fail  not,  and  have  you  there  this  warrant,  with 
your  doings  thereon. 

Witness,  Mayor  of  our  City  of 

[seal.]  Haverhill,  this  day  of  A.D. 

one  thousand  eight  hundred  and 


By  order  of  the  Mayor  and  Aldermen 

City  Clerk. 


How  issued  and 
published. 

i  y' 


Sect.  6.  All  warrants,  whether  calling  general  meetings 
or  meetings  of  the  several  wards,  shall  be  issued  by  the 
Mayor  and  Aldermen  four  days  atleast  before  the  holding 
of  the  same ;  they  shall  be  signed  by  the  City  Clerk,  and 
they  shall  be  served  by  either  Constable  of  the  city,  by 
leaving  a  copy  thereof  at  the  residence  of  each  citizen 
qualified  to  vote  at  the  meetings  called  thereby,  or  by  post¬ 
ing  thereof  in  a  suitable  public  place,  or  by  publishing  the 


V~o  <iV 


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0-7 


CITT  ORDINANCES. 


21 


same  in  one  or  more  of  the  newspapers  of  the  city,  as  the 
Mayor  and  Aldermen  may  direct.  And  the  Constable  to 
whom  any  warrant  may  be  delivered  for  service,  shall 
seasonably  return  the  same  with  his  doings  thereon,  to  the 
Mayor  and  Aldermen,  if  it  be  for  a  general  meeting,  other¬ 
wise  to  the  Warden  of  the  ward  named  therein. 

Sect.  7.  It  shall  be  the  duty  of  the  Mayor  and  Alder- opening  and 
men,  to  fix  the  time  when  the  poll  shall  be  opened  and  s  P 
closed,  in  the  election  of  all  officers,  and  to  insert  the  same 
in  the  warrant  for  the  meeting. 

Sect.  8.  No  person  shall  vote  at  any  municipal  election  voters, 
in  any  ward  other  than  that  in  which  he  resides  and  has  his 
home,  and  has  resided  and  had  his  home  for  thirty  days 
before  the  time  of  voting ;  provided ,  that  any  person  being  t-fj  \ 
qualified  to  vote  in  any  ward,  and  removing  therefrom  to, 
and  remaining  and  residing  in  any  other  ward  in  said  city,  j  ^  v// 
shall  continue  for  the  space  of  thirty  days  from  and  after 
such  removal,  to  be  a  voter  in  the  ward  from  which  he  shall  v 

have  removed. 

Sect.  9.  Any  person  who  shall  violate  the  preceding  Penalty, 
section,  shall  forfeit  and  pay  for  each  offence  a  penalty  of 


twenty  dollars. 


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To  wit :  A  Circle  enclosing  the  legend  in  the  rim,  viz : 
over  the  top  the  word  "  Haverhill,”  and  below  the  words 
"  Settled  1640.  Instituted  a  City  1870.” 

Inside  the  rim  a  beaded  circle  enclosing  the  Coat  of  Arms, 

to  wit : 

A  Shield:  in  top  a  right  arm  embowed  holding  in  the 
hand  a  shoemaker’s  hammer;  on  the  right  side  a  Slipper, 
and  on  the  left  a  Congress  Boot.  In  base,  a  landscape  with 
Golden  Hill  and  the  rising  sun ;  on  the  right  side,  two  In¬ 
dian  wigwams ;  on  left,  a  block  of  modern  factories ;  sep¬ 
arating  the  same,  a  glimpse  of  Merrimack  River.  Beneath 
the  Arms,  a  wreath  of  Oak  and  Laurel,  the  Oak  on  the  left, 
and  Laurel  on  right  side. 

Crest,  a  mural  Coronet.  In  a  scroll  over  the  Crest  the 
Indian  name  of  Haverhill  —  Pentucket. 


CHAPTER  III. 

ELECTIONS  AND  SALARIES. 

Section  1.  The  mode  of  electing  city  officers,  not  other¬ 
wise  provided  by  statute  or  ordinance,  shall  be  as  follows  :  — 


CITY  ORDINANCES. 


23 


, 


They  shall  first  be  elected  by  the  Mayor  and  Aldermen,  and 
then  sent  to  the  Common  Council  for  concurrence  or  other-  how  elected, 
wise.  And  the  appointing  power  shall  have  power  of 
removal  at  pleasure,  unless  otherwise  provided. 

Sect.  2.  It  shall  be  the  duty  of  the  Joint  Standing  Com¬ 
mittee  on  Finance,  in  the  month  of  October,  in  each  year,  Salaries;  how 


.  .  .  estaousueu 

to  report  to  the  City  Council  the  salaries  and  compensations 
of  the  principal  City  Officers  for  the  municipal  year  next 
ensuing. 

Sect.  3.  The  salaries  and  compensations  of  such  officers  and  altered, 
shall  be  established  by  joint  resolution  passed  by  the  City 
Council  in  the  month  of  November,  for  the  municipal  year 
commencing  on  the  first  Monday  of  the  following  January, 
and  no  salary  thus  established  shall  be  subsequently  altered 
during  the  year,  unless  by  unanimous  vote  of  all  the  mem¬ 
bers  of  the  City  Council,  voting  by  yeas  and  nays,  and  the 
votes  recorded. 


Sect.  4.  When  any  salary  or  compensation  shall  not  be 


re-established,  as  per  section  3,  it  shall  remain  the  same  as 
last,  established. 


O  p  Sjz 

CHAPTER  IV. 


Seection  1.  The  Treasurer  (who  until  otherwise  or¬ 
dained  shall  also  serve  as  Collector  of  Taxes  and  as  City 
Clerk)  shall  be  elected  in  January,  and  whenever  a  vacancy 
may  occur. 

He  shall  be  a  citizen  of  Haverhill  and  an  eminently  compe-  Treasurer’s 


qualifications 


tent  person  for  the  offices  named,  and  shall  be  removable  by  and  bonds, 
the  City  Council  whenever  proved  unfaithful  or  incompetent ; 
and  shall  receive  such  compensation  as  the  City  Council  shall 
establish.  He  shall  give  bonds  to  an  amount  and  wjtli  sure- 


24 


MUNICIPAL  REGISTER. 


Treasurer’s 
books  and  re¬ 
ports. 


Safety  of  same, 


and  of  money. 


Payment  and 


collection  of 
dues. 


ties  satisfactory  to  the  Mayor  and  Aldermen  for  the  faithful 
performance  of  all  the  duties  of  said  offices,  and  that  he  will 
truly  and  justly  account  for  and  pay  over  all  moneys  and 
values  belonging  to  the  City  that  may  come  into  his  hands. 

Sect.  2.  It  shall  be  the  duty  of  the  Treasurer,  under  the 
direction  of  the  Committee  on  Accounts,  to  keep  a  complete 
set  of  books,  entering  therein  in  a  systematic  manner  all  re¬ 
ceipts  and  expenditures,  loans  and  other  liabilities.  Also 
under  suitable  headings,  all  appropriations  made  by  the  City 
Council,  and  charge  to  each  the  different  expenditures  and 
payments  made  from  time  to  time  therefrom.  And  he  shall 
be  prepared  to  lay  before  the  City  Council,  whenever  called 
upon,  a  correct  statement  of  the  financial  condition  of  the  city. 

Sect.  3.  He  shall  cause  all  books,  papers,  vouchers  and 
documents  under  his  care,  belonging  to  the  city,  to  be  de¬ 
posited  and  kept  in  the  fire  proof  vault  or  safe  belonging  to 
said  city,  and  shall  deliver  over  to  his  successor  all  books, 
documents  and  property  belonging  to  said  office. 

Under  the  direction  of  the  Committee  of  Accounts  he  shall 
open  a  Bank  account  in  the  city  and  deposit  therein  the  money 
received,  and  draw  the  same  from  time  to  time  as  needed,  by 
his  check  as  City  Treasurer. 

Sect.  4.  He  shall  pay  money  from  the  Treasury  only 
upon  orders  drawn  by  the  Mayor  as  prescribed  in  ordinance, 
Chap.  XI.,  Sect.  6. 

Sect.  5.  He  shall  collect  all  rents  and  dues  accruing  to 
the  city,  and  city  accounts,  and  bills  placed  in  his  hands  by 
the  proper  officers,  without  unnecessary  delay  ;  and  in  cases 
of  delayed  settlements  shall  report  the  same  to  the  Mayor 


and  Aldermen. 

Disposal  of  Sect.  6.  He  shall  receive  all  bills  and  claims  examined 
bills, money  i  aT3r)roved  by  the  Committee  on  Accounts,  and  draw  up 
appropriations,  the  money  orders  for  the  signature  of  the  Mayor,  for  e 
payment  of  the  same  —  and  see  that  such  bills  and  claims  are 
promptly  paid  when  called  for,  adn  shall  charge  each  to  the 
proper  appropriation,  as  provided  in  Sect  2. 


OITT  ORDINANCES. 


25 


k 


Whenever  it  shall  appear  that  any  appropriation  is  ex¬ 
hausted,  he  shall  at  once  notify  the  Mayor,  Committee  of  Ac¬ 
counts  and  City  Council  of  the  same,  and  no  mere  orders 
shall  be  drawn,  or  drafts  paid  against  such  appropriation  until 
the  City  Council  has  made  suitable  provision  therefor. 

Sect.  7.  The  Treasurer  shall,  under  the  direction  of  the  city  Notes, 
Mayor,  negotiate  all  loans  authorized  by  the  City  Council,  c™ts.an 
and  issue  the  notes  or  bonds  of  the  city  for  the  same,  as  pre¬ 
scribed  in  ordinance,  Chap.  XI.,  Sect.  8. 

And  the  City  Treasurer’s  receipt  shall  be  deemed  the  only 
valid  discharge  of  debts  due  the  city,  except  in  cases  other¬ 
wise  provided  by  ordinance. 

And  he  shall  perform  any  further  duties  of  his  office  that  other  duties, 
may  be  required  of  him  by  the  Board  of  Mayor  and  Aldermen. 

Sect.  8.  The  Collector  of  Taxes  shall  receive  the  list  of  collection  of 
taxes  from  the  Board  of  Assessors  when  completed,  and  taxe8‘ 
open  an  account  of  the  same,  charging  all  abatements  or 
discounts  allowed,  and  collect  the  balance  as  prescribed  by 
ordinance  and  by  statutes,  and  pay  the  money  over  to  the 
Treasurer  in  distinct  charges. 

Sect.  9.  The  City  Clerk  shall  receive  all  claims  and  city  cierk  shall 
accounts  against  the  city,  certified  by  the  proper  agent file  bllls’  and 
authorized  to  contract  the  same,  carefully  examine  and  recast 
them,  and  correct  all  clerical  errors.  He  shall  number  the 
bills  in  consecutive  order,  and  enter  the  numbers,  with  the 
name  of  claimant  and  amount  of  bill,  in  a  book  for  that 


purpose,  and  present  them,  properly  filed  and  labelled,  to 
the  Committee  on  Accounts,  for  examination,  at  their  next 
meeting. 

He  shall  furnish  to  the  heads  of  different  departments,  a  suppiy  infor- 
statement  of  the  appropriations  voted  by  the  City  Council 
for  such  department,  as  soon  as  practicable. 


( 


26 


MUNICIPAL  REGISTER. 


CHAPTER  Y. 


Election  and 
qualification  of 
Auditor. 


Shall  audit  an¬ 
nual  accounts, 
and 


make  a  report 
of  same  to  the 
City  Council. 


CITY  AUDITOR. 

Section  1.  The  Auditor  shall  assume  office  in  March,  or 
April.  Vacancy  occurring  by  resignation,  death  or  other¬ 
wise,  shall  be  tilled  by  the  City  Council.  He  shall  be  a 
citizen  of  Haverhill  and  an  efficient  accountant  and  of  sound 
judgment,  and  shall  be  sworn  to  the  faithful  discharge  of 
his  duties,  by  the  Mayor.  He  shall  receive  such  compensa¬ 
tion  as  the  City  Council  shall  establish,  and  be  removable  at 
their  pleasure. 

Sect.  2.  He  shall  carefully  examine  the  accounts  of  the 
Treasurer  and  other  officers  of  the  city,  for  the  financial 
year,  closing  in  January  following  his  appointment,  and 
compare  them  with  their  respective  bills  and  vouchers  ;  and 
for  this  purpose  shall  have  access  to  all  the  books  and 
vouchers  in  possession  of  the  several  officers,  which  he  may 
deem  necessary. 

Sect.  3.  On  or  before  February  1st,  in  each  year,  he 
shall  make  a  written  report  in  full  to  the  City  Council,  of 
the  receipts  and  expenditures  of  the  last  financial  year  afore¬ 
said,  arranged  in  detail  under  proper  headings,  and  classi¬ 
fied  with  the  special  appropriations  made  therefor,  the  whole 
arranged  in  a  perspicuous  manner  ready  for  printing  as  a 
public  document.  He  shall  also  include  a  schedule  of  all 
the  city  debts  and  liabilities,  and  an  inventory  of  all  its 
assets  and  public  property,  and  shall  accompany  the  fore¬ 
going  with  such  remarks  and  suggestions  as  his  examina¬ 
tion  of  the  various  accounts  and  bills  renders  advisable. 


CHAPTER  YI. 

CITY  SOLICITOR. 

Election  and  Section  1.  There  shall  annually,  in  the  month  of  Jan- 
quaiification  of  ^Rrv  or  February,  and  whenever  a  vacancy  may  occur,  be 

Solicitor.  * 


/ 


z 


ft 


jr 


chosen  by  the  concurrent  vote  of  both  branches  of  the  City 
Council,  a  solicitor  for  the  city  of  Haverhill,  who  shall  be  a 


resident  citizen  thereof,  an  able  and  discreet  person,  learned 


27 


in  the  law  and  a  practitioner  as  attorney  and  counsellor  at 
law  in  the  Courts  of  the  Commonwealth,  and  who  shall  not 
hold  any  other  office  under  the  city  government  during  the 
period  for  which  he  is  elected,  and  he  shall  be  removed  at 
the  pleasure  of  the  City  Council. 

Sect.  2.  It  shall  be  the  duty  of  the  said  City  Solicitor  to  shaii  draft  an 

.  ..  legal  instru- 

draft  all  bonds,  deeds,  obligations,  contracts,  leases,  convey-  ments,  and 
ances,  agreements  and  other  legal  instruments  of  whatso¬ 
ever  nature,  which  may  be  required  of  him  by  an  ordinance 
or  order  of  the  Mayor  and  Aldermen,  or  of  the  City  Coun¬ 
cil,  and  which,  by  law,  usage  or  agreement  the  city  is  to  be 
at  the  expense  of  drawing. 

Sect.  3.  It  shall  be  the  duty  of  the  said  City  Solicitor  to  prosecute  and 

.  .  _  defend  all  city 

commence  and  prosecute  all  actions  and  suits  to  be  com-  suits,  and  sup- 
inenced  by  the  city  before  any  tribunal  in  this  Common- ^legal 
wealth,  whether  in  law  or  equity ;  and  also  to  appear  in 
defence,  and  advocate  the  rights  and  interests  of  the  city, 
or  of  any  of  the  officers  of  the  city,  in  any  suit  or  prosecu¬ 
tion  for  any  act  or  omission  in  the  discharge  of  their  duties, 
wherein  any  estate,  rights,  privileges,  ordinances  or  acts  of 
the  city  government,  or  any  breach  of  any  ordinance  of  the 
city  may  be  brought  in  question,  and  he  shall  in  all  matters 
do  all  and  every  professional  act  incident  to  the  office, 
which  may  be  required  of  him  by  the  city  government,  or 
by  any  joint  or  special  committee  thereof.  And  he  shall, 
when  required,  furnish  the  Mayor  and  Aldermen,  the  Com¬ 
mon  ‘Council,  or  any  joint  or  special  committee  of  either 
branch  thereof,  and  any  officer  of  the  city  government  who 
may  require  it,  in  the  discharge  of  his  official  duties,  with 
his  legal  opinion  on  any  subject  touching  the  duties  of  their 
respective  offices. 

Sect.  4.  In  full  compensation  for  all  the  services  of  said  Compensatioa. 
Solicitor,  he  shall  receive  such  salary  as  the  City  Council 


3  f 


/ 


28 


municipal  register. 


may  from  time  to  time  fix  and  determine.  In  all  cases, 
however,  he  shall  he  entitled  to  receive  and  retain  for  his 
own  use  the  legal,  taxable  costs  which  may  he  received  of 
the  adverse  party,  when  the  city  shall  recover  the  same 
according  to  the  usage  and  practice  of  courts. 


CHAPTER  VII. 

CITY  MAKSHAL. 

Bonds  of  Mar.  Section  1.  The  City  Marshal  before  entering  upon  the 

8hal‘  duties  of  his  office,  shall  give  bonds  in  the  sum  of  Five 

Hundred  dollars,  with  sufficient  sureties,  to  he  approved  by 
the  Mayor  and  Aldermen,  for  the  faithful  performance  of 
the  duties  of  said  office. 

Shall  command  Sect.  2.  The  City  Marshal  shall  have  the  general  charge 

police  force,  and  SUpervision  of  all  the  Constables,  Assistant  Marshal  and  v 

and  enforce  all  1  _  ,  ^ 

ordinances.  Police  Officers,  and  shall  have  the  precedence  and  control  ol 
the  same,  whenever  engaged  in  the  same  service,  and  shall 
report  forthwith  to  the  Mayor  and  Aldermen  any  violation 
of  duty  on  the  part  of  either  of  said  officers.  It  shall  be 
his  duty  from  time  to  time  to  pass  through  the  streets,  lanes, 
alleys,  squares,  and  public  grounds  of  the  city,  to  observe 
all  nuisances,  obstructions  and  impediments  therein,  or  on 
the  sidewalks  thereof,  and  cause  the  same  to  be  removed 
according  to  law.  He  shall  receive  all  complaints  against 
any  person  or  persons,  for  any  breach  of  the  laws,  or  of  the 
ordinances  of  the  city,  and  for  that  purpose  shall  attend 
daily,  at  a  stated  time  at  his  office,  to  be  designated  by  the 
Mayor  and  Aldermen.  He  shall  report  immediately,  to  the 
Superintendent  of  Highways,  any  defect  he  may  discover  in 
any  of  the  streets,  roads  or  bridges.  He  shall  prosecute  all 
offenders  with  promptness  and  effect,  and  use  all  lawful  and 
proper  means  to  secure  convictions.  It  shall  be  his  duty  to 
enforce  and  carry  into  effect  all  laws  and  city  ordinances, 
and  to  be  vigilant  to  detect  and  punish  any  breach  thereof. 


CITY  ORDINANCES. 


29 


He  shall  obey  and  execute  all  orders  of  the  Mayor  and 
Aldermen,  the  City  Council  or  of  the  Board  of  Health. 

Sect.  3.  The  said  City  Marshal  may  employ  an  assistant  May  have  assist- 

..  ,  . ,  ants  with  cer- 

or  assistants,  not  exceeding  two,  to  be  approved  by  tne  tain  duties. 
Mayor  and  Aldermen,  and  to  be  selected  from  the  Con¬ 
stables  of  the  city.  And  the  said  assistant  or  assistants 
shall  have  power  and  authority  to  assist  the  Marshal  in  the 
execution  of  his  office,  or  in  his  absence  to  officiate  in  his 
stead.  Said  assistants  shall  receive  such  reasonable  compen¬ 
sation  for  services  rendered  as  the  City  Council  may  from 
time  to  time  allow.  The  assistant  or  assistants  shall,  if  the 
Mayor  and  Aldermen  may  require  it,  give  bonds  with  suf¬ 
ficient  sureties  for  the  faithful  performance  of  the  duties  of 
their  office. 

Sect.  4.  It  shall  also  be  his  duty  to  attend  all  fires,  by  Attend  fires, 
day  and  by  night,  and  report  himself  to  the  Chief  Engineer 
or  the  Assistant  Chief,  and  exert  himself  to  the  utmost  of 
his  powers  to  keep  good  order,  to  remove  all  suspected  per¬ 
sons,  and  to  protect  the  property  of  the  citizens  from  loss  or 
damage. 

Sect.  5.  It  shall  be  the  duty  of  the  City  Marshal,  sub- and  enforce  aii 

.  c  ,  regulations  of 

ject  always  to  the  direction,  authority  and  control  oi  the  the  Board  of 
Board  of  Health,  to  carry  into  execution  all  the  ordinances  Hedlth' 
and  rules  made  by  the  City  Council,  and  all  rules  made  by 
the  Board  of  Health,  relative  to  causes  of  sickness,  nui¬ 
sances  and  sources  of  filth  that  may  be  injurious  to  health, 
or  may  affect  the  comfort  of  the  city,  existing  within  the 
limits  thereof ;  to  report  all  such  nuisances,  sources  of  filth, 
and  causes  of  sickness  to  the  Board  of  Health ;  and  to 
cause  all  such  nuisances,  sources  of  filth  and  causes  of  sick¬ 
ness,  to  be  removed,  destroyed  or  prevented,  when  practi¬ 
cable,  as  the  case  may  require,  conformably  to  such  ordi¬ 
nances  and  rules,  and  the  laws  of  the  Commonwealth. 

Sect.  6.  The  City  Marshal,  when  thereto  ordered  by  the 
Board  of  Health,  shall,  at  any  time  between  sunrise  and 
sunset,  enter  into  any  building  or  other  place  in  the  city, 


30 


municipal  register. 


for  the  purpose  of  examining  into,  destroying,  removing  or 
preventing  any  nuisance,  source  of  filth  or  cause  of  sick¬ 
ness.  And  in  case  such  entrance  is  opposed,  he  shall  make 
known  such  opposition  to  the  Board  of  Health,  in  order  that 
a  warrant  may  he  obtained  to  enforce  the  same  as  provided 
by  law. 

Keep  deecrip*  Sect.  7.  The  City  Marshal  shall  keep  or  cause  to  be 
arrclwand  kept,  at  the  Police  Station,  a  complete  descriptive  list  of 
each  and  every  person  arrested  and  brought  to  the  station, 
by  giving  his  or  her  name,  nativity,  age,  height,  color  of 
hair  and  eyes,  the  amount  of  money  he  may  have  in  his 
possession,  his  present  residence,  and  the  offence  for  which 
he  is  arrested,  all  of  which  shall  be  entered  in  a  book  to  be 
furnished  by  the  city,  and  the  same  shall  be  delivered  by 
said  Marshal  to  his  successor  in  office, 
mate  quarterly  Sect.  8.  He  shall  keep  a  correct  record  of  the  doings  of 
reports,  hig  offic6)  and  gllall  make  a  reguiar  report  thereof  to  the  City 

Council  once  in  three  months,  and  at  such  other  times  as 
they  shall  require,  which  report  shall  contain  an  exact 
account  of  all  fees  received  by  him  or  his  assistants  for  ser¬ 
vices  of  process,  either  civil  or  criminal,  and  of  all  other 
fees  which  he  or  they  may  have  received,  or  to  which  he  or 
they  may  be  entitled  as  executive  officers,  complainants, 
witnesses  or  otherwise.  He  shall  lay  before  the  Mayor  and 
Aldermen  a  correct  statement  ot  all  prosecutions  by  him 
instituted  in  behalf  of  the  city,  or  in  which  the  city  is  in  any 
way  concerned,  within  one  week  after  their  final  determina- 
Coiiect fines,  tion  respectively.  The  City  Marshal  shall  receive,  collect, 
and  pay  over  to  the  Treasurer  of  the  city,  all  fines  and  pen¬ 
alties  incurred  for  a  violation  of  its  by-laws  and  ordinances. 

.  , .  «E0T.  9.  The  City  Marshal  may  establish  police  rules 

and  establish  J  ^  -1 

police reguia-  and  regulations,  subject  to  the  approval  oi  the  Mayor  and. 

tions.  & 

Aldermen. 


/ 


<LCV'~ 

jiTytjr- 
I  y  0  _ 


CITY  ORDINANCES. 


CHAPTER  VIII. 


CITY  PHYSICIAN. 


Cms.  ^ 


^  7 

tjj-l 


Sect.  1.  It  shall  be  the  duty  of  the  City  Physician  to  city  Physician 
attend,  under  the  general  direction  of  the  Overseers  of  the  pe^poiicePaU" 
Poor,  upon  all  sick  paupers  and  patients  under  the  care  of  stations,  and 
the  city  authorities,  at  the  poor  house  or  elsewhere,  and  to 
render  all  the  services  by  law  incumbent  upon  physicians 
appointed  by  Boards  of  Health. 

Sect.  2.  In  case  of  any  alarm  of  any  infectious  or  conta-  vaccinate  scl101- 
gious  disease,  to  give  to  either  branch  of  the  City  Council, 
or  any  committee  thereof,  all  such  professional  advice  and 
counsel  as  they  may  request  of  him,  — to  vaccinate  all  schol¬ 
ars  of  the  public  schools  that  may  be  sent  to  him  by  the 
school  committee  for  that  purpose  ;  and  perform  all  the  pro¬ 
fessional  services  that  may  be  required  in  the  police  stations, 
and  generally  to  perform  such  other  professional  services  as 
may  be  required  of  him  by  the  Mayor  and  Aldermen,  or  the 
City  Council. 


7 


i  1. 


C4 


P 


is'lz 


CHAPTER  IX. r 

SUPERINTENDENT  OF  HIGHWAYS. 


Sect.  1.  There  shall  be  chosen,  in  the  month  of  January  Supt.ofHigh- 
or  Feburary,  and  whenever  a  vacancy  shall  occur,  one  Super-  Election  and 
intendent  of  Highways,  who  shall  be  a  citizen  of  Haverhill,  qualifications, 
able,  discreet  and  faithful,  who  shall  receive  such  compensa¬ 
tion  as  the  City  Council  shall  determine,  and  shall  be  remov¬ 
able  at  their  pleasure. 

Sect.  2.  He  shall,  under  the  direction  of  the  Committee  Have  care  of 

str66ts  side* 

on  Streets,  Ways  and  Sewers,  have  the  general  care  and  waiks,’etc.,  and 
supervision  of  the  public  highways,  streets,  lanes,  sidewalks, 
bridges,  public  walks,  squares  and  water-landings  of  the  city,  and  repairs, 
and  shall  see  that  they  are  kept  in  suitable  order  and  condi- 


32 


municipal  register. 


Shall  keep  ac¬ 
counts,  and 
make  quarterly 
and  annual 
reports. 


Si  0  0 

I  toj 

r  v  oj 


:  (fb  o 

i 

Shall  keep  ex¬ 
penses  within 
appropriations, 

(A  6  ^ 

I 


and  report  de¬ 
ficiencies. 


tion,  and  made  safe  for  the  public  ;  shall  co-operate  with  the 
City  Marshal  in  preventing  and  removing  all  nuisances  and 
obstructions  therein  when  necessary ;  shall  superintend  the 
construction  and  repairs  of  drains  and  sewers,  and  the  paving 
of  streets  and  sidewalks  when  the  same  are  ordered,  and  make 
necessary  contracts  therefor  —  shall  superintend  the  cleaning 
of  streets,  gutters  and  cesspools,  and  dispose  of  the  manure 
and  dirt  therefrom  for  the  benefit  of  the  city— shall  have 
charge  of  the  city  teams,  tools,  and  buildings  pertaining  to 
the  department  of  highways  and  the  purchase  and  sale  of  the 
same,  all  of  the  foregoing  under  the  advice  and  direction  of 
the  Committee  aforesaid. 

Sect.  3.  He  shall  keep  an  accurate  account  of  all  expenses 
and  outlays  incurred  in  his  department,  classified  as  near  as 
maybe  under  heads  of  the  different  streets,  bridges,  sewers, 
etc. ,  and  present  a  quarterly  statement  of  the  same  to  the  City 
Council,  and  an  annual  report  at  the  close  of  the  financial 
year.  Also  of  all  receipts  and  proceeds  of  sale  or  other  in¬ 
come  collected  by  him  with  an  appraisal  of  the  property  of 
the  City  under  his  charge ;  and  these  said  accounts  shall  be 
at  all  times  subject  to  the  inspection  of  the  Committee  on 
Streets. 

Sect.  4.  The  Superintendent  of  Highways  shall  see  to  it 
that  the  several  District  Surveyors  do  not  expend  in  their 
respective  districts  anything  beyond  the  appropriations  spe¬ 
cially  assigned  to  such  district  by  the  City  Council ;  but  in 
cases  of  sudden  and  unforeseen  emergency  he  may  draw  upon 
the  Contingent  Fund,  reporting  the  case  and  his  action  at  the 
earliest  possible  moment  to  the  Committee  on  Streets  to  lay 
before  the  City  Council  for  their  action. 

He  shall  specially  see  to  it  that  the  General  Appropriation 
for  Highways  is  not  exceeded  in  his  department ;  but  when 
any  deficiency  is  manifest  shall  report  to  the  Committee  and 
await  in  all  cases  the  further  action  of  the  City  Council  before 
incurring  expense  beyond  said  appropriations. 


,ru- 


I  " 

CITY  ORDINANCES. 

> 

DISTRICT  SURVEYORS. 


0 


33 


Sect.  5.  There  shall  be  annually  appointed  in  January  ,  Election  of  Dis¬ 
hy  the  City  Council,  as  many  District  Surveyors  as  is tnct  Surveyors’ 
deemed  necessary ;  to  be  nominated  by  the  Committee  on 
Highways,  and  hold  office  at  pleasure  of  the  City  Council. 

Each  Surveyor  shall  (under  the  general  supervision  and  stall  have 
advice  of  the  Superintendent  of  Highways)  have  charge  of  ^gatrrf^feach 
all  the  work  necessary  to  be  done  in  the  district  assigned 
him,  and  shall  see  that  the  same  is  properly  and  effectively 
performed;  he  shall  see  that  the  highways,  streets,  bridges, 
water-courses,  etc.,  in  his  district,  are  maintained  in  suitable 
order,  and  the  former  properly  broken  out  after  every  snow¬ 
storm,  and  made  safe  for  travel. 

He  shall  strictly  confine  the  outlays  in  his  district  to  the  and  observe  ap- 
special  appropriation  assigned  thereto,  and  when  further  propiiatlons 
outlay  seems  needed,  shall  report  the  same  to  the  Superin¬ 
tendent  or  to  the  Committee,  and  await  their  action  before 
incurring  any  such  further  expenditure. 

He  shall  render  monthly  to  the  Superintendent,  if  required,  and  make  re- 
an  account  of  all  expenditures  incurred,  as  far  as  in  his 
power,  and  an  estimate  of  the  outlays  requisite  for  the  month 
or  months  to  come,  and  shall  at  all  times  be  subject  to  the 
control  of  the  Committee  on  Highways. 


ports. 


U  V 


to 


rv: 


CHAPTER  X. 


CITY  MESSENGER. 

/  2—  (/  u  * 

Section  1.  There  shall,  in  the  month  of  January  annu-  Election  of  mm- 
ally,  be  elected  by  the  Board  of  Aldermen,  and  sent  down 
for  its  concurrence  to  the  Common  Council,  a  suitable 
person  to  be  styled  City  Messenger,  who  shall  receive,  de-  Shan  serve  no- 
liver  and  execute  all  notifications,  summonses  and  precepts 
issued  by  the  Mayor,  the  president  of  the  Common  Council 


senger. 


tifications,  eto  , 


If  v 


34 


MUNICIPAL  REGISTER. 


or  either  branch  thereof,  or  by  any  committee  of  the  same, 
and  make  due  return  thereof. 

and  be  Janitor  Sect.  2.  He  shall  prepare  and  arrange  the  rooms  in 
which  the  City  Council  shall  hold  their  sessions,  and  attend 
on  both  branches  when  in  session,  or  on  either  when  in  ses¬ 
sion  separately,  and  under  the  direction  of  the  proper  com¬ 
mittees  or  officers,  provide  fuel,  lights  and  other  things  . 
necessary  for  the  accommodation  of  both  branches  of  the 
City  Council,  or  any  committee  thereof, 
of  city  Haii  and  Sect.  3.  He  shall  receive  and  deliver  all  notifications  to 
officers  elected  by  the  City  Council,  by  the  Mayor  and  Aider- 
men,  or  at  ward  meetings,  and  shall  deliver  all  notifications 
to  committees,  upon  request  of  the  City  Clerk,  the  Clerk  of 
the  Common  Council,  or  chairman  of  any  committee.  He 
shall  have  the  superintendence  of  the  City  Hall  and  the  ad¬ 
joining  rooms,  and  see  that  they  are  kept  in  good  condition. 

Sect.  4.  He  shall  also  prepare  the  rooms  selected  for 

Ward  Rooms,  „ 

ward  meetings,  and  have  the  same  put  in  good  order  alter 
said  meetings  are  adjourned ;  and  he  shall  at  all  times  be 
subject  to  such  further  orders  and  regulations  as  the  City 
Council  may  make.  He  shall  receive  for  his  services  such 
compensation  as  the  City  Council  shall  allow . 


CHAPTER  XI. 


ACCOUNTS  AND  FINANCES. 


Financial  year. 


Section  1.  The  financial  year  shall  begin  on  the  first 
Monday  in  January,  each  year. 


COMMITTEE  ON  FINANCE. 

Finance  Com-  Sect.  2.  The  Committee  on  Finance  shall,  annually,  in 
make^nmiai  January,  lay  before  the  City  Council  an  estimate  of  the 
estimates.  am0Unt  of  money  necessary  to  be  raised  for  the  current  year, 
under  the  various  heads  of  appropriations,  and  the  ways  and 
means  of  raising  the  same.  The  Committee  shall  also  report 
salaries  of  officers  as  prescribed  in  Chap.  2d,  Sect.  3d. 


CITY  ORDINANCES. 


35 


All  temporary  loans  in  anticipation  of  taxes  shall  be  first  Authorize  loans, 
authorized  by  the  Committee,  and  entered  upon  their  records 
before  being  negotiated  by  the  Mayor  and  Treasurer.  All 
long  or  permanent  loans  for  City  Debt  or  otherwise,  shall 
first  he  sanctioned  by  the  Committee,  and  then  acted  on  by 
the  City  Council. 

Sect.  3.  The  Finance  Committee  shall  ascertain  if  all  Enforce  collec¬ 
tions  and  ex¬ 
moneys  due  the  city  have  been  collected  and  accounted  for, 

and  shall  examine  all  notes  and  securities  belonging  to  the 

city,  in  the  hands  of  any  officers,  and  report  from  time  to 

time  to  the  City  Council. 


amine  securi¬ 
ties. 


COMMITTEE  ON  ACCOUNTS. 


Sect.  4.  The  Committee  on  Accounts  shall  meet  monthly  committee  on 

Accounts  shall 

or  oftener,  and  carefully  examine  and  audit  all  accounts  and  hold  monthly 
claims  against  the  city,  laid  before  them  by  the  Clerk,  and  meetin^8  to 

®  .  audit  hills. 

certified  as  in  the  next  section,  and  approve  and  pass  the 
same  to  be  paid,  if  found  correct  and  justly  due,  specifying 
the  appropriation  against  which  each  shall  be  drawn,  and 
return  them  to  the  Treasurer  with  indorsement.  The  Chair¬ 
man  shall  also  see  that  Sect.  2  is  complied  with  before  certify¬ 
ing  any  note  or  bond,  per  Sect.  8. 

Sect.  5.  No  account  or  claim  against  the  city  shall  be  No  claim  re¬ 
received  or  acted  upon  by  the  Committee  on  Accounts,  unless  certmed^88 
certified  to  be  correct  by  the  Mayor,  or  some  officer,  agent 
or  committee  of  the  city,  authorized  to  contract  the  expendi¬ 
ture. 

Sect.  6.  No  money  shall  be  drawn  from  the  city  treasury  No  money  paid 
except  on  the  written  order  of  the  Mayor,  addressed  to  the  Mayors  orders 
Treasurer,  and  specifying  the  amount  of  the  same  and  the 
appropriation  against  which  it  is  drawn,  and  the  number  of 
the  bill  or  claim  to  be  settled  thereby. 

Sect.  7.  The  Mayor  is  hereby  authorized  to  draw  orders  Mayor’s  orders, 
on  the  treasury  for  the  payment  of  accounts  or  claims  against  how  drawn* 
the  city  allowed  and  certified  as  in  the  foregoing  sections, 


36 


MUNICIPAL  REGISTER. 


City  notes  and 
bonds,  how  cer¬ 
tified. 


City  collection 
to  be  paid  to 
Treasurer,  wil 
schedules. 


Committee  on 
Claims  to  con¬ 
sider  disputed 
claims,  and 
damages,  etc. 


and  for  no  others,  except  for  matured  notes  or  bonds,  and 
interest  thereon,  issued  as  per  Sect.  8.  Provided  that 
whenever  it  shall  be  necessary  to  pay  money  in  advance  on 
contract  for  work  begun  but  not  completed,  the  Mayor,  upon 
being  satisfied  of  such  necessity,  may,  with  the  approval  of 
the  Committee  on  Accounts,  draw  his  order  on  the  treasury 
for  sums  not  exceeding  five  hundred  dollars  at  any  one  time. 

Sect.  8.  Negotiable  notes  of  the  city  given  in  accord¬ 
ance  with  the  provisions  of  Sect.  2  for  temporary  loans,  shall 
be  signed  by  the  Mayor,  countersigned  by  the  Treasurer,  and 
certified  by  the  Chairman  of  the  Committee  on  Accounts. 
And  any  other  notes  or  bonds  authorized  by  the  City  Coun¬ 
cil,  shall  be  issued  in  the  same  manner,  and  no  notes  or  bonds 
of  the  city  shall  be  deemed  valid  unless  issued  as  above. 

Sect.  9.  All  officers  of  the  city,  who  shall  in  their  official 
,  capacity  collect  or  receive  any  money  in  its  behalf,  shall  pay 
the  same  to  the  Treasurer,  monthly,  or  oftener  if  required, 
and  annually  present  to  the  Auditor  an  account  of  the  same. 
Any  other  persons  having  money  belonging  to  the  city ,  in 
their  hands,  shall  pay  the  same  forthwith  to  the  Treasurer, 
and  hand  a  minute  of  the  same  to  the  Committee  on  Ac¬ 
counts,  or  the  Auditor. 


COMMITTEE  ON  CLAIMS. 

Sect.  10.  The  Committee  on  Claims  shall  sit  monthly , 
or  oftener,  and  shall  take  into  consideration  all  disputed  bills 
and  accounts,  and  such  as  lack  the  prescribed  formalities, 
referred  to  them  by  the  Committee  on  Accounts,  or  by  par¬ 
ties  holding  such  claims,  and  report  their  decision  upon  them 
to  the  City  Council  at  its  next  meeting,  for  its  action.  All 
claims  upon  the  city  for  damages  of  any  sort,  or  of  any  other 
character,  whose  reference  to  other  committees  is  not  pro¬ 
vided  for,  shall  be  referred  to  this  Committee,  and  their  de- 
cis  on  laid  before  the  City  Council  for  action. 


CITY  ORDINANCES. 


37 


Sect.  11.  Any  deed  of  transfer  of  city  property,  author- Deeds;  how 
J  .  .  issued. 

ized  by  the  City  Council,  shall  be  issued,  signed  and  certi¬ 
fied,  as  provided  in  the  case  of  Bonds,  in  Section  8. 


CHAPTER  XII. 

ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Section  1 .  The  Assessors  shall  meet  as  soon  as  practi-  ^.ez8esor8  or 
cable,  after  the  annual  election  of  Assessors  by  the  City 
Council,  and  organize  the  Board  by  the  choice  of  Chairman 
and  Secretary. 

It  shall  be  the  duty  of  the  Chairman  to  call  all  meetings  ^ri“aTld 
of  the  Board  and  preside  at  the  same  ;  and  of  the  Secretary 
to  keep  a  true  record  of  the  doings  of  the  Board,  and  care¬ 
fully  preserve  all  the  books  and  records  belonging  to  the 
same.  He  shall  also  prepare,  in  books  provided  by  the  city, 
the  schedule  of  names,  valuations,  taxations,  abatements, 
etc.,  as  the  same  are  completed  in  the  Board,  and  render  the 
perfected  list  to  the  Collector  at  the  time  specified  in  Sect. 

2d, 

Sect.  2.  It  shall  be  the  duty  of  the  Assessors,  on  the  first  ^8t8e^B“ee"t 
day  of  May,  in  each  year,  or  as  soon  thereafter  as  practicable, 
to  make  a  list  of  the  ratable  polls,  and  complete  a  valuation 
and  assessment  list  in  the  manner  provided  by  the  laws  of 
the  Commonwealth,  and  place  the  same  in  the  hands  of  the 
Collector  of  Taxes,  on  or  before  the  first  day  of  August,  in 
such  year,  alphabetically  and  conveniently  arranged,  with 
their  warrant  for  the  collection  of  the  same  annexed. 

Sect.  3.  The  Assessors  shall  have  at  least  three  Public 
sittings,  giving  previous  notice  thereof  in  the  city  papers,  records, 
for  the  hearing  of  claims  for  abatement  provided  for  by  law. 

They  shall  keep  an  exact  record  of  all  abatements  allowed, 
and  reasons  therefor,  and  furnish  the  Collector  with  a  list  of 
the  names  and  amounts  of  the  same. 


38 


MUNICIPAL  REGISTER. 


Notification  of  Sect.  4.  Immediately  on  receiving  the  list  of  taxes  from 
taxes  due  and  ^  Assessors,  the  Collector  shall  proceed  to  make  out  bills 
for  the  same,  which  bills  shall  be  delivered  personally  to  the 
parties  assessed,  by  or  before  August  20th,  in  each  year ;  or 
by  leaving  the  same  at  such  person’s  place  of  business,  or 
residence,  if  in  the  city.  In  cases  of  non-residents,  a  printed 
circular  announcing  the  fact  of  a  tax  claim  and  date  of  due 
shall,  when  feasible,  be  mailed  to  the  party,  and  in  other 
cases  where  it  is  impossible  or  difficult  to  notify  the  parties, 
an  advertisement  of  the  fact  of  taxes  being  due  published 
three  times  in  one  or  more  newspapers  of  the  city,  shall  be 


considered  a  delivery. 

when  and  how  All  taxes  for  polls  merely,  shall  be  due  and  payable  on 

payable. 

demand  of  the  Collector. 

All  property  taxes  shall  be  due  and  payable  on  the  first 
day  of  September,  in  each  year,  and  any  tax  not  paid  on 
that  day,  shall  be  charged  with  interest  therefrom  at  the 
rate  of  12  per  cent,  per  annum,  which  interest  shall  be  col¬ 
lectible  with  the  tax  bill,  and  be  a  part  thereof. 

Provisions  and  For  all  taxes  remaining  unpaid  on  the  first  day  of  Octo- 

non^rient  *>er,  the  Collector  shall  issue  to  the  person  or  corporation 
owing  the  same,  a  summons  for  payment,  and  if  said  tax  is 
not  paid  at  the  expiration  of  fourteen  days  after  the  service 
of  said  summons,  with  the  interest  aforesaid,  and  the  further 
charge  of  twenty  cents  for  such  summons,  then  the  Collector 
shall  proceed  to  issue  his  warrant  for  the  collection  of  the 
same  in  the  way  provided  by  the  statutes  of  the  Common¬ 
wealth  for  such  cases,  and  collect  the  same  peremptorily, 
charging  all  costs,  fees  and  expenses  to  the  party  from  whom 
such  tax  is  due. 


CHAPTER  XIII. 

DUTIES  OF  VARIOUS  COMMITTEES. 

Committee  on  Section  1.  The  Committee  on  Highways,  Streets  and 

Streets  estimate  ag  soon  as  appointed,  shall  take  into  consideratio 


CITY  OEDIYMCES. 


39 


the  probable  necessities  of  the  different;  highway  districts  for  for  highway  ap- 

1  .  .  .  jy  propnations  and 

the  ensuing  year,  and  make  all  due  inquiries  therefor,  and 
report  to  the  City  Council  as  speedily  as  practicable,  the 
appropriations  requisite  for  the  respective  districts,  and  also 
for  a  Contingent  Fund  for  Highways;  all  to  be  embraced 
under  the  head  of  "  Appropriations  for  Highways.” 

The  Committee  shall  recommend  the  Humber  of  District 
Surveyors  to  be  annually  employed  by  the  City,  and  present 
nominations  for  the  same  to  the  City  Council. 

The  Committee  shall  have  the  general  supervision  of  the  shall  oversee 

,  .  Superintendent 

Superintendent  of  Highways  and  his  department,  as  pre-  of  greets  and 

scribed  111  Chap.  IX.  of  Highways. 

All  projects  for  sewers,  bridges,  laying  out  of  new  streets 
or  widening  of  old  ones,. or  any  other  labor  in  the  depart¬ 
ment  involving  any  considerable  expense  to  the  City,  shall 
first  be  laid  before  them,  and  they  shall*  see  that  no  works 
are  commenced  unwarranted  by  the  appropriations,  unless 
in  case  of  special  and  pressing  emergency,  when  they  shall 
at  once  report  to  the  City  Council. 

The  Committee  shall  also  see  that  all  the  ordinances  and 
rules  of  the  City  pertaining  to  the  department  are  properly 
observed  by  the  officers  of  the  same. 

COMMITTEE  ON  SIDEWALKS  AND  SHADE  TREES. 

Sect.  2.  The  Committee  on  Sidewalks  and  Shade  trees  Sidewalks, 
shall  have  special  supervision  of  these  subjects,  shall  care¬ 
fully  observe  the  condition  of  the  same,  receive  all  petitions 
and  suggestions  regarding  them,  and  recommend  from  time 
to  time  such  action  as  is  contemplated  in  the  powers  granted 
to  the  City  Council  by  the  charter  and  in  the  *  Ordinances, 
and  as  in  their  judgment  the  necessities  of  the  City  require. 

committee  on  public  property. 

Sect.  3.  The  Committee  on  Public  Property  shall  have  Public  Build- 
the  superintendence  of  city  buildings  and  public  property,  g 


See  Chapter  XVI.,  Section  27. 


40 


MUNICIPAL  REGISTER. 


Ordinances. 


<5  ^4° 

/  £  > 

iff  (S 

i  ^  y 


i  >  «y 
MX~»' 


r  2- 

d 

Printing  and 
stationery. 


Fuel  and  gas, 
etc. 


shall  see  that  the  officers  appointed  for  the  purpose  take  due 
care  of  the  same  and  perform  their  respective  duties,  and 
make  all  recommendations  concerning  the  same,  to  the  City 
Council,  from  time  to  time,  which  they  may  consider  neces¬ 
sary,  and  see  that  the  action  of  the  City  Council  is  carried 
into  effect. 


COMMITTEE  ON  ORDINANCES. 

Sect.  4.  The  Committee  on  Ordinances  shall  have  the 
supervision  of  the  City  ordinances  and  regulations,  drafting 
and  reporting  such  as  may  he  from  time  to  time  necessary , 
and  shall  have  charge  of  the  compilation  of  City  Registers. 
They  shall  see  that  the  ordinances  and  orders  recommended 
are  in  accordance  with  Charter  and  Statute  requirements, 
and  in  harmony  with  other  rules  and  ordinances  continuing  in 
force. 


COMMITTEE  ON  PRINTING. 

Sect.  5.  The  Committee  on  Printing  shall  contract  for 
the  printing  of  all  public  documents  and  papers,  shall  have 
charge  of  all  matters  connected  with  the  press  of  the  city, 
and  shall  superintend  the  procuring  of  all  blanks,  circulars, 
blank  books  and  stationery  for  the  city  and  its  officers,  re¬ 
porting  their  action  monthly  to  the  City  Council.  In  the 
case  of  printed  reports  of  documents  or  papers  in  the  differ¬ 
ent  departments,  they  shall  see  that  the  same  are  submitted 
to  the  proper  officers  for  examination  or  correction  before 
finally  issued  from  the  press,  and  in  all  cases  use  all  practi¬ 
cable  effort  to  have  all  such  publications  carefully  and  cor¬ 
rectly  performed. 

COMMITTEE  ON  FUEL  AND  SUPPLIES. 

Sect.  6.  The  Committee  on  Fuel  and  Supplies  shall  con¬ 
tract  for  Fuel,  Gas,  Water  and  other  supplies,  required  for 
the  city  in  its  various  buildings  and  departments  where  not 
otherwise  provided  for  by  ordinance  or  regulation,  includ- 


CITY  ORDINANCES. 


41 


ing  lighting  of  the  streets,  the  City  Hall,  and  other  city  build¬ 
ings  ;  fuel  for  the  public  schools,  the  poor  department  and 
fire  department,  and  all  city  build  mgs,  and  report  their  action 
whenever  required,  to  the  City  Council. 

COMMITTEE  ON  HEALTH. 

Sect.  7.  The  Committee  on  Health  shall  have  charge  of  Health, 
the  sanitary  matters  of  the  city ,  shall  see  that  the  ordinances 
of  the  City  and  the  statutes  regarding  the  same,  are  properly 
enforced  by  the  Marshal  and  the  City  Physician,  and  shall 
from  time  to  time  recommend  such  action  to  the  City  Coun¬ 
cil  as  in  their  judgment,  is  demanded  in  their  province. 

COMMITTEE  ON  MILITARY  AND  ARMORIES. 

Sect.  8.  The  Committee  on  Military  and  Armories  shall  Military, 
have  in  charge  all  matters  connected  with  their  department, 
and  consider  and  advise  action  on  subjects  belonging  thereto , 
as  referred  to  them  by  the  City  Council,  or  either  Board. 

COMMITTEE  ON  CONSTRUCTION  AND  FIRES. 

Sect.  9.  The  Committee  on  Construction  and  Fires  shall  Erection  of 
see  that  the  ordinances  of  the  city,  and  the  statutes  regarding 
fires,  and  the  construction  of  buildings,  are  properly  enforced  ; 
shall  receive  all  petitions  and  questions  relating  to  the  same, 
and  report  to  the  City  Council,  recommending  such  action  as 
they  deem  from  time  to  time  advisable. 


CHAPTER  XIV. 

SUBORDINATE  OFFICERS. 

Section  1.  The  City  Council,  by  concurrent  vote,  shall  Appointments 

J  '  by  City  Coun* 

annually,  in  January,  or  when  vacancies  occur,  appoint  the  Cn. 


42 


MUNICIPAL  REGISTER. 


following  officers,  removable  at  discretion,  and  with  powers, 
duties  and  compensations  as  prescribed  in  the  General  Stat¬ 
utes,  viz  :  — 


Surveyors  of  Lumber, 
Field  Drivers, 

3  Fence  Viewers,  • 

1  Pound  Keeper, 

3  Truant  Officers. 


Sect.  2.  The  several  officers  thus  appointed,  shall  keep 
an  account  of  the  transactions  officially  performed  by  them, 
and  file  an  annual  report  of  the  same  with  the  City  Treasurer, 


Keep  records 
and  make  an¬ 
nual  reports. 


on  the  first  Monday  of  January,  specifying  the  amount  of 
fees  collected  in  the  preceding  year,  and  by  whom  paid. 


Appointments  Sect.  3.  The  Board  of  Mayor  and  Aldermen  shall  annu- 
NiayoTInd f  ally,  in  January,  or  when  vacancies  occur,  appoint  the  fol¬ 


lowing  officers,  removable  at  discretion  of  the  Board,  and  with 


- and  duties  as  prescribed  in  the  General  Statutes.  To 


Measurers  of  Wood,  Bark  and  Charcoal, 


A  L 
Lf 


Weighers  of  Coal, 

1  Weigher  of  Beef, 

1  Measurer  of  Grain, 

4  Superintendents  of  Hay  Scales, 


1  Sealer  of  Weights  and  Measures, 
Measurers  of  Leather, 

1  Inspector  of  Milk, 


1  Gauger, 

Fish  Wardens. 


records  Sect.  4.  There  shall  be  furnished  by  the  City  blank  cer- 
and  make  an-  and  forms  to  the  several  officers  above  named,  for  the 

Riicii  reports* 

tickets  of  measurement  required  by  the  Statutes  ;  and  each 
officer  shall  annually,  on  the  first  Monday  of  January,  file 


with  the  City  Treasurer  a  report  of  all  certificates  issued  and 


fees  received  by  him  the  preceding  year. 

Sect.  5.  The  fees  for  the  performance  of  the  duties  con- 


(y  ■/■  templated  in  the  foregoing  sections,  where  not  specified  by 

a  A 


CITY  ORDINANCES. 


43 


Statute,  shall  be  fixed  annually  by  the  Board  of  Mayor  and 
Aldermen,  and  except  in  the  case  of  Superintendents  of  Hayr 
scales,  and  Fish  Wardens,  such  fees  shall  go  to  the  respect¬ 
ive  officers,  and  be  their  compensations.  When  no  schedule 
of  fees  is  established  in  any  year,  by  the  Board,  they  shall  con¬ 
tinue  the  same  as  last  established. 


CHAPTER  XV. 


COMMON  CRIERS,  AUCTIONEERS  AND  LICENSES. 

Section  1.  The  Mayor  and  Aldermen  may  license  as  criers’ licenses 
many  persons,  not  exceeding  five,  for  Common  Criers,  as  When. 
they  deem  the  public  good  may  require  ;  but  all  such  licenses 
shall  terminate  on  the  first  day  of  February  annually,  and  may 
be  at  any  time  revoked  by  the  Board,  at  their  discretion. 

Sect.  2.  No  person,  not  licensed  as  aforesaid,  and  no  per-  without  license 
son  whose  license  shall  have  been  revoked  as  aforesaid,  shall  pumsbable‘ 
presume  to  be  a  Common  Crier,  or  to  cry  any  sort  of  articles, 
lost  or  found,  stolen  goods,  strays,  or  public  sales  in  any  of 
the  streets  or  public  places  in  the  city,  under  a  penalty  of 
not  less  than  one,  nor  more  than  twenty  dollars  for  each  of¬ 
fence. 

Sect.  3.  Every  Common  Crier  shall  keep  a  list  of  all  Keep  records, 
matter  and  things  by  him  cried,  and  the  names  of  all  persons 
by  whom  he  is  employed  to  cry  the  same,  and  shall  exhibit 
said  list  to  the  Mayor  and  Aldermen  whenever  thereto  re¬ 
quired  by  said  Board. 

Sect.  4.  No  person  shall  publicly  cry  any  indecent,  pro-  offensive  cries 

forbidden. 

fane,  or  libellous  matter  in  the  city,  under  a  penalty  ot  not 
less  than  one  nor  more  than  twenty  dollars  for  each  offence. 

Sect.  5.  All  licenses  for  Auctioneers,  Billiard  Saloons,  other  license/* 

i  •  n  n  terminate  when , 

Hackney  Coaches,  or  any  other  persons  or  business,  allowed  and  how  issued, 
by  statute  and  not  otherwise  provided,  shall  in  all  cases  ter¬ 
minate  on  the  first  day  of  February,  annually,  and  all  fees 


44 


municipal  register. 


Hackney  car¬ 
riages  and  carts 


to  be  registered 
and  numbered. 


Regular  fares 
established. 


Stands  estab¬ 
lished. 


for  the  same  shall  rate  accordingly.  They  shall  be  issued 
by  the  Board  of  Mayor  and  Aldermen,  in  forms  and  on 
terms  prescribed  by  them,  and  be  revocable  at  their  discre¬ 
tion. 

Sect.  6.  Every  hack,  stage  coach,  omnibus,  or  other 
vehicle,  on  wheels  or  runners,  used  for  the  public  conveyance 
of  passengers  for  hire,  shall  require  a  license  as  a  Hackney 
Carriage,  and  pay  an  annual  fee  to  the  treasury.  Every 
wagon,  cart,  truck,  sleigh,  sled  or  other  vehicle  used  for 
general  conveyance  of  merchandise,  wares,  lumber,  gravel 
and  other  commodity,  shall  require  a  license  as  a  cart,  and 
pay  an  annual  fee  to  the  treasury.  Any  person  owning  any 
hackney  carriage  or  cart  as  defined  above,  who  shall  publicly 
drive  or  cause,  or  allow  the  same  to  be  driven  in  the  city 
without  a  license,  after  being  notified  by  the  City  Marshal, 
shall  pay  a  fine  of  twenty  dollars. 

Sect.  7.  Every  licensed  hackney  carriage  and  cart  shall 
be  registered  and  numbered  by  the  City  Clerk,  and  shall 
have  the  number  conspicuouly  placed  thereon ;  and  every 
driver  of  a  hackney  carriage  shall  wear  upon  his  hat  or  cap 
the  number  of  the  same,  legibly  exhibited. 

Sect.  8.  Regular  rates  of  fare  for  passengers  shall  be  es¬ 
tablished  for  all  hackney  coaches,  to  be  approved  by  the 
Board  of  Mayor  and  Aldermen,  and  a  printed  copy  of  such 
rates  shall  be  posted  conspicuously  in  every  such  carriage. 
Any  owner  or  driver  of  such  carriage,  charging  above  such 
established  rates,  shall  forfeit  his  license,  and  pay  a  fine  for 
every  offence^  not  exceeding  ten  dollars. 

Sect.  9.  The  Mayor  and  Aldermen  may  establish  stands 
in  the  city  for  hackney  coaches,  carts,  teams  for  the  sale  of 
wood,  bark,  coal,  etc.,  and  when  thus  established,  no  such 
vehicle  aforesaid  shall  remain  for  more  than  a  temporary  halt 
on  any  other  location  in  the  public  ways,  and  shall  at  all 
times  be  subject  to  the  direction  of  the  City  Marshal. 


CITY  OEDINMCES. 


45 


CHAPTER  XVI. 

STREETS,  SIDEWALKS  AND  SEWERS. 

STREET  REGULATIONS. 

Section  1.  No  person,  except  a  Surveyor  of  Highways,  No  street  dug 
or  other  person  acting  under  the  authority  of  the  Legisla- 
ture,  or  of  the  City  Council,  shall  break  or  dig  up  the 
ground  or  stones  in  any  street  or  other  way  of  the  city,  or 
erect  any  staging  for  building,  or  deposit  any  stones,  bricks, 
timber,  or  other  building  materials  thereon,  without  license 
first  had  and  obtained  from  the  Mayor  and  Aldermen  who 
are  authorized  to  grant  the  same  on  such  conditions  as  they 
may  deem  safe  and  proper. 

Sect.  2.  No  person  shall  make,  erect  or  maintain  any  No  obstructions 
doorstep,  porch,  entrance  or  passage-way,  to  any  cellar  or 
basement,  or  any  structure  in  or  upon  any  street  or  other 
way  of  the  city,  without  permission  in  writing  from  the 
Mayor  and  Aldermen,  who  shall  judge  of  the  propriety  of 
Granting  the  same. 

O  O 

Sect.  3.  No  person  shall  suffer  his  well,  cistern  or  drain,  Wells  and 
to  remain  open  or  uncovered,  in  any  street  or  other  way  of 
the  city,  without  a  sufficient  curb-guard,  or  fence  thereto. 

Sect.  4.  No  person  shall  dig  or  sink  any  excavation  of  excavations  t0 
the  earth,  or  suffer  any  excavation  to  exist  on  his  own  prem-  t>esuarded- 
ises,  adjoining  or  near  to  any  street  or  way,  without  a  rail¬ 
ing  or  fence,  after  being  notified  in  writing  by  the  Mayor 
and  Aldermen  that  such  fence  or  railing  is  required  for  the 
safety  of  passers  by. 

Sect.  5.  No  person  shall  move  or  assist  in  moving  any  No  buildings 
building  whatever  through  any  street  or  way,  unless  by  “°r^.d86^out 
written  permission  of  the  Mayor  and  Aldermen,  under  such 
restrictions  as  they  may  see  fit  to  prescribe ;  but  no  per¬ 
mission  shall  be  given,  nor  shall  any  bnilding  be  moved  to 
necessitate  or  cause  the  destruction,  mutilation,  or  injury  of 
any  shade  or  ornamental  tree,  in  or  upon  any  street  or  high¬ 
way. 


46 


MUNICIPAL  REGISTER. 


Obstruction  of 
streets  or 
sidewalks  by 


animals,  carts 
or  boxes,  etc. 


Sect.  6.  No  person  shall  continue  any  carriage  or  other 
vehicle  of  any  description,  with  or  without  horses  or  other 
animals  attached  thereto,  in  any  street  or  way,  so  as  to  ob¬ 
struct  the  same,  after  having  been  requested  by  any  person 
having  occasion  to  use  said  street  or  way,  or  after  having 
been  ordered  by  the  Mayor  or  City  Marshal,  or  any  one  au¬ 
thorized  by  the  city  to  remove  the  same. 

Sect.  7.  No  person  shall  drive,  draw,  or  pass  any  cart, 
barrow,  sled,  or  other  such  object,  on  any  sidewalk  of  this 
city,  to  the  obstruction  of  any  passenger,  except  children’s 
carriages  drawn  by  hand ;  nor  permit  any  horse  or  other 
draught  animal,  or  any  cow  to  pass  thereon  while  under  his 
care ;  or  occupy,  encumber,  or  obstruct  any  street  by 
means  of  boxes,  crates,  casks,  barrels  or  other  things,  or  in 
any  other  way  hinder  or  obstruct  the  convenient  use  of  the 
streets  and  other  ways  by  all  passengers. 

Sect.  8.  No  person  shall  ride  any  horse,  or  drive  any 
prohibited,  and  porse  or  horses  attached  to  any  carriage  or  other  vehicle, 
in  any  highway,  street  or  public  passage-way  in  the  city, 
at  a  rate  of  speed  exceeding  eight  miles  per  hour;  and 
every  person  riding  or  driving  a  horse  in  any  street  or  way, 
shall  conduct  the  same  with  reasonable  care  and  prudence, 
so  as  not  to  endanger  the  public  safety. 

Sect.  9.  No  person  shall  fasten  or  tie  any  horse  to,  or 
suffer  or  permit  any  horse  over  which  for  the  time  being  he 
has  the  charge,  care  or  control,  to  stand  or  remain  near  to 
and  within  the  reach  of  any  ornamental  or  shade  tree  grow- 


Fast  driving 


injury  of  trees. 


or  upon  any  public  street,  way,  walk,  ground 


or 


mg  m 

square  in  said  city,  unless  such  tree  is  protected  by  a  suit¬ 
able  and  proper  guard,  in  such  a  manner  as  to  secure  it 
against  possible  injury  from  such  a  horse. 


Loose  animals. 


Sect.  10.  No  horse  shall  be  turned  out  loose,  and 


no 


horse,  swine,  goat,  or  cow,  or  other  cattle,  shall  be  suffered 
to  graze  or  go  at  large  within  the  city :  and  any  injury  or 
damage  to  public  grounds  or  private  property  by  such  ani¬ 
mals,  shall  be  made  good  by  the  owner  thereof. 


CITY  ORDINANCES. 


47 


Sect.  11.  No  person  shall  place  or  maintain  any  stable,  Booths  and  fish- 
stall,  booth,  or  other  erection,  in  any  public  place  for  any 
sale  or  any  exhibition  ;  nor  between  May  1st  and  October  1st 
each  year  keep  any  fish  stand,  wagon  or  cart  for  the  sale  of 
fish  in  any  street  or  lane  in  the  compact  part  of  the  city, 
without  permission  of  the  Mayor  and  Aldermen. 

Sect.  12.  No  person  shall  establish  or  maintain  any  awn-  Awnings, 
ing  or  shade  before  his  or  her  place  of  business,  or  dwelling- 
house  in  this  city,  over  any  part  of  the  street  or  sidewalk, 
unless  the  same  be  safely  and  securely  supported,  so  as  in 
no  wise  to  incommode  passengers,  and  so  that  the  lowest 
part  of  such  awning  or  shade  shall  be  at  least  eight  feet  in 
height  above  the  sidewalk  or  street ;  and  said  awning  or 
shade,  if  built  over  a  sidewalk,  shall  extend  over  the  out¬ 
side  edge  thereof,  unless  permission  to  the  contrary  be 
granted  by  the  Mayor  and  Aldermen. 

Sect.  13.  No  person  shall  put  or  place,  or  cause  to  be  bffai;  howdis- 
put  or  placed,  in  or  upon  any  street,  way,  or  other  public  pose<L 
place  of  the  city,  any  house  dirt,  ashes,  shavings,  offal, 
filth,  or  any  rubbish  or  like  object  whatever,  without  per¬ 
mission  of  the  Superintendent  of  Highways. 

Sect.  14.  No  person  shall  suffer  his  coal  or  firewood  to  sidewalks  en- 
remain  unnecessarily  in  or  upon  any  street  or  other  way ;  ^^ood^tc 
and  no  person  shall  saw  or  pile  wood,  or  stand  a  saw-horse 
on  any  sidewalk  to  the  hindrance  or  obstruction  of  any  foot 
passenger. 

Sect.  15.  No  persons  shall  remain  collected  on  any  side-  or  by  loafers, 
walk,  or  in  front  of  any  church,  dwelling-house,  or  other 
building,  so  as  to  obstruct  passage  along  the  same,  or  to 
impede  or  annoy  other  persons. 

Sect.  16.  No  person  shall  fire  any  rocket,  squib,  crack-  Fireworks  and 
ers,  or  other  thing  formed  of  gunpowder,  or  other  explosive  bontires* 
substances,  in  whole  or  in  part,  nor  make  any  bonfire  of  tar 
barrels,  or  any  other  object,  nor  except  in  the  performance 
of  some  duty  authorized  by  law,  discharge  any  field-piece, 
gun,  or  other  fire-arms,  in  or  upon  any  street  or  other  way 
within  the  compactly  settled  part  of  the  city. 


48 


£ 


r 


MUNICIPAL  REGISTER. 


Disorderlies 
duct,  andTO- 
necessary 
games. 


CL^ji 

I  /To  o 

!  <?£ 


f 


risive  in- 
Iscriptions,  and 
wanton  injuries, 


<2,^6 


Street  lights, 


Bathing, 


G-amhling. 


Broken  gutters 


Sink  water. 


Shovelling 


Sect.  17.  No  person  shall  behaye  himself  in  a  rude  or 
disorderly  manner,  nor  use  profane  or  insulting  language, 
nor  designedly  frighten  any  horse,  nor  within  the  compactly 
settled  part  of  the  city,  shoot  with  bows  and  arrows,  play  at 
ball,  coast  on  sleds,  fly  kites,  throw  stones  or  other  missiles, 
in  any  street  or  other  public  place,  nor  be  on  any  sidewalk, 
doorstep,  fence  or  porch  to  the  annoyance  of  other  persons. 

Sect.  18.  No  person  shall  make  indecent  figures,  or 
write  indecent  words  upon  any  fence,  building,  post,  tree, 
or  other  object,  or  otherwise  deface  and  injure  the  same ; 
nor  wantonly  mar,  injure,  deface,  or  destroy  any  fence, 
guide  post,  sign-board,  awning,  lamp-post,  lamp,  or  lantern 
in  any  street,  highway,  or  public  place  in  the  city :  and  no 
person  shall  light  or  extinguish  any  public  lamp  in  any 
street,  or  highway  in  said  city,  except  by  permission  of  the 
Mayor  and  Aldermen. 

Sect.  19.  No  person  shall  bathe  or  swim  unclothed  in 
any  of  the  public  waters  of  the  city,  when  the  same  may 
annoy  others  in  any  street,  lane,  or  building  adjacent  thereto  ; 
nor  at  any  time  or  condition  in  ponds  or  waters  used  for 
aqueduct  purposes. 

Sect.  20.  No  person  shall  expose  for  use  any  implements 
of  gambling,  in  any  public  place  of  the  city,  nor  gamble  in 
any  such  place. 

•  Sect.  21.  No  owner,  agent,  or  person  haying  the  care  of 
any  building  or  buildings  bordering  on  any  street,  lane, 
court,  square,  or  public  place  within  the  city,  shall,  after 
notice  thereof  by  the  City  Marshal  or  either  of  his  assistants, 
permit  any  gutter  or  conductor  thereon,  to  be  out  of  repair 
for  the  space  of  twenty-four  hours,  Sundays  excepted. 

Sect.  22.  No  person  shall  allow  any  sink  water  or  other 
impure  water,  to  run  from  the  house,  barn  or  lot  occupied 
by  him,  or  under  his  legal  control,  into  any  street  or  high¬ 
way  in  said  city. 

Sect.  23.  The  tenant,  occupant,  and  in  case  there  shall 
be  no  tenant,  the  owner,  agent,  or  person  having  the  care  ot 


snow. 


CITY  ORDINANCES. 


49 


any  building,  bordering  on  any  street,  lane,  court,  square, 
or  public  place  within  the  compact  part  of  the  city,  where 
there  is  any  footway  or  sidewalk,  as  defined  by  the  Board  of 
Mayor  and  Aldermen,  shall  keep  the  same  free  of  all  obstruc¬ 
tion  from  snow,  and  when  notified  by  the  City  Marshal, 
shall  be  liable  to  the  penalty  prescribed  in  Sect.  25  if  this 
section  is  not  observed  within  twelve  hours  after  such  notice. 

Sect.  24.  No  person  shall  remove  or  erect  any  post,  or  p08ts. 
change  the  grade  of  any  street  or  sidewalk,  or  the  direction 
of  any  curbstone  thereof,  without  permission  of  the  Mayor 
and  Aldermen. 

Sect.  25.  Any  person  offending  against  any  of  the  pro- Penalties, 
visions  of  this  ordinance,  shall  forfeit  and  pay  for  each 
offence,  a  fine  of  not  less  than  one  dollar,  nor  more  than 
twenty ;  provided ,  that  complaint  for  such  offence  be  insti¬ 
tuted  within  six  months  from  the  time  of  its  commission. 

SIDEWALKS. 

Sect.  26.  When  the  City  Council,  in  accordance  with  the  Hearings  on 
provision  of  the  City  Charter,  Sect.  24,  shall  decide  that  the  con^uction^f 
public  good  requires  the  making  of  a  paved  sidewalk,  notice  same- 
shall  be  sent  to  the  abuttors  by  the  Committee  on  Sidewalks, 
and  a  hearing  allowed  before  said  Committee,  for  at  least 
seven  days.  Public  notice  of  such  intention  shall  be  given 
also  in  the  city  papers.  After  the  hearing  aforesaid,  the 
Committee  shall  report  to  the  City  Couucil,  with  such  recom¬ 
mendations  as  they  deem  expedient,  and  action  shall  then  be 
taken  thereon.  When  an  order  for  a  sidewalk  is  passed,  the 
Committee  on  Sidewalks  shall  at  once  see  that  the  same  is 
carried  into  effect,  and  that  the  Superintendent  of  Streets 
procures  and  sets  the  edge  stones,  or  other  edgings  therefor, 
at  the  earliest  practicable  day,  and  thereafter  shall  also  see 
that  the  provisions  for  laying  such  paved  walk,  by  the  abuttors, 
or  by  the  city,  as  provided  in  said  section  of  City  Charter, 
are  promptly  complied  with. 

4 


50 


municipal  register. 


Former  action 
adopted. 


Sewers;  how 
built. 


Entering  of 
public  sewers. 


Penalty  for 
violation. 


Necessary 
drains  made 
compulsory. 


DRAINS  AND  SEWERS. 

Sect.  27.  The  Act  of  the  Legislature  of  Massachusetts 
in  relation  to  main  drains  and  sewers,  passed  March  17 ,  1841, 
being  Chap.  115  of  Statutes  of  1841,  and  also  Sections  3,  4, 

5  and  6  of  Chap.  48  of  General  Statutes  of  1860,  are  hereby 
accepted  by  the  City  of  Haverhill,  and  their  provisions  are 
made  a  part  of  this  ordinance. 

Sect.  28.  Every  main  drain  or  common  sewer  hereafter 
to  be  constructed  under  the  authority  of  the  city,  shall  be 
built  of  such  materials  and  dimensions,  and  in  such  a  manner 
as  the  Mayor  and  Aldermen  may  order. 

Sect.  29.  Every  person  who  may  desire  to  enter  his 
particular  drain  into  any  main  drain  or  common  sewer, 
heretofore  built  or  hereafter  to  be  built,  under  the  authority 
of  the  city,  may  do  so  on  application,  and  receiving  the  written 
consent  of  the  Mayor  and  Aldermen  ;  provided ,  such  person 
shall  first  pay  such  lawful  assessment  therefor  as  may  be  re¬ 
quired  of  him  under  the  Statutes  of  this  Commonwealth,  re¬ 
ferred  to  in  Sect.  27,  of  this  ordinance  ;  and  provided,  also,  that 
in  the  materials  and  construction  of  such  particular  drain,  he 
shall  comply  with  the  directions  and  conditions  that  the  Mayor 
and  Aldermen  may  prescribe. 

Sect.  30.  Every  person  who  shall  connect  his  particular 
drain  with  any  main  drain  or  common  sewer  aforesaid,  without 
complying  with  the  terms  of  the  last  preceding  Section,  shall 
forfeit  and  pay  the  sum  of  twenty  dollars,  together  with  such 
damages,  by  way  of  indemnification,  as  the  Mayor  and  Aider- 
men  shall  deem  reasonable  and  just ;  and  he  shall  be  liable  to 
have  such  particular  drain  at  any  time  closed  up,  and  prevented 
from  entering  the  main  drain,  or  common  sewer. 

Sect.  31.  The  Mayor  and  Aldermen  shall  have  power  in 
all  cases  where  there  is  any  common  sewer  in  any  street, 
highway,  passage-way  or  alley,  to  cause  any  owner  of  land 
adjoining  such  street,  highway,  passage-way  or  alley,  his 
agent  or  tenant,  to  make  a  sufficient  drain  from  his  house, 


CITY  ORDINANCES. 


51 


yard  or  lot,  whenever  in  their  opinion  the  same  shall  be 
necessary  ;  and  shall  thereupon  give  notice  in  writing  to  such 
owner,  agent  or  tenant,  specifying  the  time  within  which 
such  drain  shall  be  completed ;  and  in  case  such  owner,  agent 
or  tenant  shall  neglect  to  complete  the  same  within  the  time 
specified,  the  Mayor  and  Aldermen  shall  cause  the  same  to 
be  done,  and  shall  recover  the  whole  amount  of  the  expense 
thereof,  together  with  ten  per  cent,  damages  additional,  by 
an  action  on  the  case  to  be  brought  in  the  name  of  the  city, 
before  any  court  proper  to  try  the  same  ;  provided ,  however, 
that  said  additional  damages  shall  in  no  case  exceed  twenty 
dollars. 

Sect.  32.  The  City  Clerk  shall  enter  in  a  book,  to  be  Assessments 
kept  for  that  purpose,  all  assessments  made  by  the  Mayor  coii°ected.aDd 
and  Aldermen,  under  the  second  section  of  the  aforesaid  act, 
and  shall  forthwith  make  out  bills  for  the  same,  and  deliver 
them  to  the  City  Treasurer  for  collection ;  and  the  Treasurer 
shall  forthwith  demand  payment  in  writing  for  the  said  bills, 
in  the  manner  prescribed  by  law ;  and  in  case  any  bills  or 
dues  under  this  ordinance  remain  unpaid  at  the  expiration  of 
three  months  after  such  demand,  the  Treasurer  shall  cause 
the  same  to  be  collected  by  a  resort  to  the  proper  legal  pro¬ 
cess. 

Sect.  33.  The  Mayor  and  Aldermen  shall  in  no  case  pro-  Appropriation 
ceed  to  construct  a  common  sewer,  or  main  drain,  until  an  iequi81te< 
appropriation  to  defray  the  cost  of  the  same  shall  have  been 
made  by  the  City  Council. 

Sect.  34.  It  shall  be  the  duty  of  the  Mayor  and  Alder-  Plans  drawn, 
men,  whenever  any  drain  or  common  sewer,  or  portion  of  a 
drain  or  common  sewer,  shall  have  been  completed,  to  cause 
an  accurate  plan  of  the  same  to  be  made,  showing  its  mate¬ 
rial,  its  section,  its  line,  its  level,  and  its  cost  per  running 
foot,  which  plan  is  to  be  deposited  in  the  office  of  the  City 
Clerk. 

Sect.  35.  It  shall  be  the  duty  of  the  Mayor  and  Alder-  Assessments,  - 
men  to  apportion  and  assess,  according  to  their  best  jAdg- £°^ppor‘ 


52 


MUNICIPAL  REGISTER. 


Obstructions 


All  tenements 
to  be  drained. 


Board  of 
Health  may 
compel 
drainage. 


ment,  upon  the  several  persons  and  estates  adjoining  the  line 
of  any  common  sewer,  or  adjoining  any  street  or  highway  in 
which  any  such  sewer  is  constructed,  and  deriving  benefit  from 
such  common  sewer  either  by  the  entry  of  their  particular 
drains  therein,  or  by  any  more  remote  means,  such  sums  as 
said  Mayor  and  Aldermen  shall  deem  to  be  their  proportion¬ 
ate  share  of  the  expenditure  of  the  city  for  drains  and  sewers. 

Sect.  36.  No  person  shall  throw  any  earth,  sand,  gravel, 
dirt,  stones,  bricks,  sawdust,  soot,  ashes,  cinders,  shreds, 
shavings,  hair,  oyster,  lobster  or  clam  shells,  or  any  animal 
or  vegetable  substance,  or  any  rubbish  or  hard  substance,  into 
any  drain  or  sewer  in  the  City  of  Haverhill. 


CHAPTER  XYH. 

SANITARY  AND  FIRE  REGULATIONS. 

HEALTH. 

Sect.  1 .  Every  tenement  in  the  City  of  Haverhill,  used  as 
a  dwelling  house,  shall  be  furnished,  whenever  practicable, 
and  when  it  can  be  done  without  unreasonable  expense,  with 
a  sufficient  drain  under-ground,  to  carry  off  the  waste  water, 
into  a  common  sewer,  or  reservoir ;  and  also,  with  a  privy, 
the  vault  of  which  shall  be  under  ground,  built  and  kept  in 
the  manner  prescribed  in  this  chapter,  and  of  sufficient  ca¬ 
pacity  for  the  number  of  occupants  in  such  tenement. 

Sect.  2.  Whenever  the  Board  of  Health  shall  be  satisfied 
that  any  building  used  as  a  dwelling  house  is  not  furnished 
with  a  sufficient  drain,  privy  or  vault,  or  either  of  them,  they 
shall  give  notice  in  writing  to  the  owner  of  such  building,  or 
his  agent ;  or  such  notice  may  be  left  at  the  last  and  usual 
place  of  abode  of  such  owner,  agent  or  occupant,  requiring 
that  a  suitable  drain,  privy  and  vault,  or  either  of  them,  be 
constructed  within  such  time  as  they  shall  appoint,  for  the 
use  of  such  tenement.  And  in  case  such  requisition  be  not 


CITY  ORDINANCES. 


53 


complied  with,  the  Board  shall  cause  such  drain,  privy  and 
vault,  or  either  of  them,  to  he  constructed,  the  expense  of 
which  shall  be  charged  to  such  owner  or  agent ;  provided , 
that  notice  to  persons  residing  out  of  the  State,  or  unknown 
owners  of  such  buildings,  the  premises  being  unoccupied, 
may  be  given  by  posting  up  the  same  on  the  premises,  and 
by  advertising  in  some  newspaper  published  in  the  city  of 
Haverhill. 

Sect.  3.  Whenever  the  Mayor  and  Aldermen  shall  find  Over-crowded 
that  the  number  of  persons  occupying  any  tenement  is  so  tenements;  how 
great  as  to  be  the  cause  of  nuisance  or  sickness,  or  a  source treated* 
of  filth ;  or  whenever  any  tenement  is  not  furnished  with  a 
suitable  privy,  vault  and  drain,  under  ground,  according  to 
the  provisions  of  this  chapter,  the  Board  of  Health  may  cause 
all  or  any  persons  occupying  such  tenement  to  be  removed 
therefrom,  first  giving  them  notice  in  writing  to  remove,  and 
allowing  them  at  least  forty-eight  hours  in  which  to  comply 
with  said  notice. 

Sect.  4.  Every  vault  or  privy  hereafter  constructed,  Privy  vaults; 
shall  be  so  constructed  that  the  inside  of  the  same  shall  be  at  st°ructed"and 
least  three  feet  distant  from  the  line  of  every  adjoining  lot,  ^ta"y}edgaIter 
unless  the  owner  of  such  lot  shall  consent  or  agree  otherwise  ;  owners, 
and  also  three  feet  from  every  street,  lane,  passage-way  or 
public  place  ;  and  every  such  vault  or  privy  shall  be  built  in 
a  thorough  and  substantial  manner,  and  kept  water  tight,  and 
its  contents  shall  never  be  within  eighteen  inches  of  the  sur¬ 
face  of  the  ground.  And  whenever  any  privy  or  vault  shall 
become  offensive,  the  same  shall  be  cleansed.  And  in  case 
the  condition  or  construction  of  any  vault  or  privy  shall  be 
different  from  the  requirement  of  this  section,  the  Board  of 
Health  may  require  the  same  to  be  cleansed,  repaired, 
altered  or  removed,  as  may  be  necessary,  and  shall  charge 
the  expense  incurred  in  so  doing,  to  the  owner  or  party 
occupying  the  estate  in  which  such  privy  or  vault  may  be  ; 
provided ,  said  Board  of  Health  shall  first  notify  such  owner 
or  party  occupying,  in  the  manner  provided  in  the  third  sec- 


54 


MUNICIPAL  REGISTER. 


Night-soil;  how 


and  when  to  he 
removed. 


Other  rubbish 
and  offal;  how 
disposed. 


Unwholesome 
lots;  how 
disposed. 


tion  of  this  chapter,  and  allow  at  least  forty-eight  hours  for 
such  owner  or  occupant  to  comply  with  such  notice. 

Sect.  5.  No  person  shall  remove  the  contents  of  any 
vault  or  privy,  except  in  a  water  tight  cart,  wagon  or  box, 
licensed  therefor  by  the  Mayor  and  Aldermen  ;  and  no  per¬ 
son  conducting  such  cart  or  wagon  shall  leave  or  permit  the 
same  to  stop  or  stand  in,  or  pass  through,  any  of  the  streets 
or  highways,  or  public  places  of  the  city,  at  any  other  time 
than  during  the  night,  between  the  hours  of  10  o’clock, 
P.  M.,  and  5  o’clock,  A.  M.,  without  permission  of  the  Mayor 
and  Aldermen. 

Sect.  6.  No  person  shall  remove  or  carry  through  any 
street,  alley,  or  public  place  in  the  city,  the  contents  of  any 
privy  or  vault,  from  any  dwelling-house  or  other  place, 
unless  the  owner  or  driver  of  the  cart,  wagon,  or  other  con¬ 
veyance  in  which  the  same  be  carried,  shall  be  licensed  for 
such  purpose  by  the  Mayor  and  Aldermen. 

Sect.  7.  All  house  dirt,  rubbish,  filth,  and  waste  matter 
that  may  be  collected  in  any  house  or  warehouse,  or  on  pri¬ 
vate  property  in  the  city,  shall,  when  ordered  by  the  Mayor 
and  Aldermen,  be  carried  away  therefrom,  under  the  direc¬ 
tion  of  the  City  Marshal,  by  and  at  the  expense  of  the  own¬ 
er  or  occupant  of  such  house,  warehouse,  or  other  private 
property,  and  removed  to  such  place  as  may  be  directed  by 
the  Marshal  as  aforesaid,  within  twenty-four  hours  after 
such  order.  And  the  City  Marshal,  when  ordered  by  the 
Mayor  and  Aldermen,  shall,  at  any  time  between  sunrise  and 
sunset,  enter  into  any  building  or  other  place  in  the  city,  for 
the  purpose  of  examining  into,  destroying,  removing,  or 
preventing  any  nuisance,  source  of  filth,  or  cause  of  sickness 
therein.  And  in  case  such  entrance  be  opposed,  he  shall 
make  known  such  opposition  to  the  Mayor  and  Aldermen, 
in  order  that  a  warrant  may  be  obtained  to  enforce  the  same, 
as  provided  by  law. 

Sect.  8.  Whenever  it  shall  appear  to  the  Mayor  and 
Aldermen,  or  the  Board  of  Health,  that  any  cellar,  lot  or 


CITY  ORDINANCES. 


55 


vacant  land  is  a  nuisance,  or  in  such  condition  that  it  may 
probably  become  dangerous  to  the  public  health,  they  shall 
cause  the  same  to  be  drained,  filled  up,  or  otherwise  pre¬ 
vented  from  becoming  or  remaining  a  cause  of  nuisance, 
sickness  or  danger ;  and  shall  charge  all  reasonable  expenses 
incurred  in  so  doing,  to  the  owners  or  parties  occupying 
such  cellar,  lot,  or  land ;  provided ,  that  notice  shall  have 
been  first  given,  and  forty-eight  hours  thereafter  allowed,  as 
provided  in  the  third  section  of  this  chapter. 

Sect.  9.  No  person  shall  throw  any  dead  animal  into  any  No  putrid  mat* 

ter  in  streams, 

of  the  ponds  or  streams  withm  the  city,  or  cause  to  be 
drowned,  any  animal  in  said  ponds  or  streams  ;  and  no  per¬ 
son  shall  put  or  leave  any  dead  animal,  or  animal  substance, 
fish,  offal  or  decayed  vegetable  or  other  matter,  in  any  pub¬ 
lic  street  or  place,  or  near  any  dwelling  house  or  occupied 
building,  whereby  the  health  or  comfort  of  the  citizens  may 
be  injuriously  affected. 

Sect.  10.  No  person  shall  sell,  or  offer  for  sale,  or  have  or  streets,  or 

market. 

in  his  possession,  in  any  of  the  public  or  private  markets, 
or  in  any  other  place,  in  said  city,  any  unwholesome,  stale,  or 
putrid  meat,  fish,  fruit,  vegetables,  or  provisions  of  any  kind. 

Sect.  11.  The  Mayor  and  Aldermen  are  authorized  to  Certain  animaIs 

prohibited  on. 

prohibit  the  keeping  of  swine  and  goats  in  any  part  or  parts 
of  the  city,  where  they  shall  deem  that  the  keeping  of  such 
animals  would  be  detrimental  to  the  health  or  comfort  of  the 
citizens  in  the  neighborhood  thereof,  residing  or  passing,  and 
shall  have  power  to  remove  or  cause  to  be  removed,  any 
swine  or  goats  from  any  place  where  the  keeping  of  such  an¬ 
imals  is  prohibited. 

Sect.  12.  No  person  shall  keep  any  swine  or  goats  in  Notification, 
any  place  in  said  city  in  which  the  keeping  of  such  animals 
is  prohibited,  or  from  whence  he  is  required  to  remove  the 
same,  twenty-four  hours  after  having  received  notice  in  writ¬ 
ing  from  the  Mayor  and  Aldermen  to  remove  the  same,  or 
that  such  animals  are  prohibited  from  being  kept  in  such 
place. 

* 


/  V 


7  ..." 


56 


u 


muntcipax,  register. 


Interments. 


Sect.  13.  No  person  shall  inter,  or  cause  to  be  interred, 
within  said  city,  any  dead  body,  in  a  grave  which  shall  be 
less  than  three  and  a  half  feet  deep  from  the  surface  of  the 
ground  surrounding  the  grave  to  the  top  of  the  coffin. 


FIRE. 


Funnels  and 
hearths. 


Lights  in 
stables. 


Matches. 


Sect.  14.  No  person  shall  project  any  stove  funnel  through 
the  top  or  side  of  any  wooden  building,  unless  the  same  be 
securely  surrounded  by  brick  work,  stone  or  iron ;  and  no 
stove  shall  be  placed  in  any  store  or  other  building  without 
a  sufficient  hearth  of  brick,  sheet-iron,  zinc,  or  lead  under 
the  same. 

Fire  and  ashes.  Sect.  15.  No  person  shall  carry  fire  from  any  house  or 
place  except  in  some  vessel  sufficiently  covered,  nor  place 
hot  ashes  in  any  wooden  vessel  within  any  building  in  this  city . 

Sect.  16.  No  person  shall,  on  any  pretence,  carry  a 
lighted  candle  or  lamp  into  any  barn  or  stable,  unless  in  a  se¬ 
cure  lantern,  which  shall  not  be  opened  while  in  such  barn 
or  stable  ;  and  no  person  shall  smoke,  have  or  use  any  lighted 
cigar  or  pipe  in  any  barn  or  stable. 

Sect.  17.  No  person  shall  keep,  or  suffer  to  be  kept  in 
his  dwelling-house,  store,  warehouse,  shop,  out-house  or 
other  building  within  the  limits  of  the  city  any  loco-foco,  or 
phosphorus  matches,  either  for  sale  or  for  use,  or  on  storage, 
unless  the  same  be  kept  enclosed  and  well  secured  in  a  box 
of  metal  or  pottery,  or  other  adequate  protection  against 
conflagration. 

Sect.  18.  No  person  shall  burn  out  or  set  fire  to  his 
chimney,  stove-pipe,  or  flue,  except  between  sunrise  and  two 
o’clock  in  the  afternoon,  nor  unless  the  roof  of  his  own  and 
the  neighboring  houses  and  buildings  are  at  the  time  well 
wet,  or  covered  with  snow. 

Sect.  19.  No  person  shall  leave  any  shavings,  straw,  or 
other  combustible  matter,  in  any  highway,  street,  lane,  or 
other  public  place,  or  in  any  other  situation  in  said  city,  ex¬ 
posed  to  fire.  ^  7 


Chimneys. 


Combustibles. 


I  v 

i  y  y 


') 


a 


f  o 


2.  L  $ 


CITY  ORDINANCES. 


57 


Sect.  20.  No  gunpowder  shall  be  kept  unless  well  se-  Gunpowder; 


how  protected. 


cured  in  tight  casks  or  canisters.  No  gunpowder  above  the 
quantity  of  fifty  pounds  shall  be  kept  or  deposited  in  a  shop, 
store  or  other  building  or  vessel  which  is  within  the  distance 
of  twenty-five  rods  from  any  other  building  or  wharf.  No 
gunpowder  above  the  quantity  of  twenty-five  pounds,  shall 
be  kept  or  deposited  in  any  shop,  store  or  other  building 
within  ten  rods  of  another  building;  and  no  gunpowder 
above  the  quantity  of  one  pound  shall  be  kept  or  deposited  in 
any  shop,  store  or  other  building,  within  ten  rods  of  another 
building,  unless  it  is  well  secured  in  copper,  tin  or  brass 
canisters,  holding  not  exceeding  five  pounds  each,  and  closely 
covered  with  copper,  brass  or  tin  covers. 

Sect.  21.  No  person  shall  knowingly  give  a  false  alarm 
of  fire,  or  extinguishment  of  fire. 

Sect.  22.  All  persons  violating  any  of  the  provisions  of  Penalty; 
this  chapter,  shall  be  subject  to  a  fine  of  not  less  than  one, 
nor  more  than  twenty  dollars  for  every  such  offence. 


JJL 

2.y  % 


£ 


0 


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58 


MUNICIPAL  REGISTER. 


2.  7.*l_ 


/  FIRE 

f c  if  y 


Acts  establish 
ingFire  De¬ 
partment. 


Construction  of 
buildings.  - 

Election  of 
Engineers. 


i  o  S 


>  ' 
bl 


7 


Fire  Depart¬ 
ment. 


Expenses 

limited. 


DEPARTMENT. 

_  7  /n_ 

STATUTES. 

FROM  CITY  CHARTER. 

Section  30.  An  act  entitled  “  An  Act  to  establish  a  Fire  Department 
in  the  town  of  Haverhill,”  passed  the  fifth  day  of  March,  in  the  year  one 
thousand  eight  hundred  and  forty-one,  shall  continue  in  force ;  and  all  the 
power  and  authority  now  vested  in  the  Selectmen  of  Haverhill,  in  relation 
to  the  Fire  Department  in  that  town,  shall  be  transferred  to,  and  invested 
in  the  Mayor  and  Aldermen.  But  the  City  Council  shall  have  power  to 
establish  fire  limits  within  the  city,  and  from  time  to  time  change  and 
enlarge  the  same ;  and  by  ordinance  they  shall  regulate  the  construction 
of  all  buildings  erected  within  said  fire  limits,  stipulating  their  location, 
size,  and  the  materials  of  which  they  shall  be  constructed,  together  with 
such  other  rules  and  regulations  as  shall  tend  to  insure  the  same  from 
damage  by  fire. 

Sect.  15.  The  City  Council  shall,  annually,  in  the  month  of  January, 
elect  by  joint  ballot,  in  convention,  a  Chief  Engineer  of  the  fire  depart¬ 
ment,  and  as  many  Assistant  Engineers,  not  exceeding  eight,  as  they  may 
deem  expedient,  who  shall  hold  their  offices  for  the  term  of  one  year  from 
the  first  Monday  of  February  next  ensuing,  and  until  their  successors  are 
chosen  and  qualified.  The  compensation  of  the  foregoing  officers  men¬ 
tioned  in  the  last  two  sections  shall  be  fixed  by  concurrent  vote  of  the  City 
Council.  \  r/  ' 

flU  • 

ACT  OF  MARCH  5,  1841. 

; 

Sect.  1.  A  Fire  Department  is  hereby  established  in  the  town  of 
Haverhill,  subject  to,  and  to  be  governed  by,  the  provisions  of  the  act 
entitled  “  An  Act  to  regulate  Fire  Departments,”  passed  on  the  ninth  day 
of  April,  in  the  year  one  thousand  eight  hundred  and  thirty-nine.. 

Sect  2.  The  sum  to  be  expended  in  any  one  year  under  the  direction 
of  the  Board  of  Engineers,  for  the  purposes  specified  in  the  seventh  sec¬ 
tion  of  said  act,  shall  not  exceed  three  hundred  dollars,  unless  the  town 
shall  have  authorized  a  larger  appropriation. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its  acceptance,  as 
prescribed  in  the  ninth  section  of  said  act. 


FIRE  DEPARTMENT. 


59 


GENERAL  STATUTES  1860.  CHAPTER  24. 

Sect.  26.  Provides  the  Engineers  shall  exercise  the  powers  in  relation 
to  the  extinguishment  of  fires,  which  Jirewards  may  by  law  have  exercised. 

Sect.  3.  When  a  fire  breaks  out  in  any  place,  the  firewards  shall  im¬ 
mediately  repair  thereto,  and  shall  carry  a  suitable  staff  or  badge  of  their 

office. 

Sect.  4.  The  firewards,  or  any  three  of  them,  present  at  a  place  in 
immediate  danger  from  a  fire,  and  where  no  firewards  are  appointed,  the 
selectmen  or  mayor  and  aldermen  present,  or  in  their  absence  two  or  moie 
of  the  civil  officers  present,  or  in  their  absence  two  or  more  of  the  chief 
military  officers  of  the  place  present,  may  direct  any  house  or  building  to 
be  pulled  down  or  demolished,  when  they  judge  the  same  to  be  necessary, 
in  order  to  prevent  the  spreading  of  the  fire. 

Sect.  5.  If  such  pulling  down  or  demolishing  of  a  house  or  building 
is  the  means  of  stopping  the  fire,  or  if  the  fire  stops  before  it  comes  to 
the  same,  the  owner  shall  be  entitled  to  recover  a  reasonable  compensa¬ 
tion  from  the  city  or  town ;  but  when  such  building  is  that  in  which  the 
fire  first  broke  out,  the  owner  shall  receive  no  compensation. 

Sect.  6.  Such  firewards  or  other  officers  may,  during  the  continuance 
of  the  fire,  require  assistance  for  extinguishing  the  same  and  removing 
furniture,  goods  or  merchandise  from  a  building  on  fire,  or  in  danger  there¬ 
of,  and  may  appoint  guards  to  secure  the  same.  They  may  also  require 
assistance  for  pulling  down  or  demolishing  any  house  or  building,  when 
they  judge  it  necessary,  and  may  suppress  all  tumults  and  disorders  at 
such  fire 

Sect.  7.  They  may  direct  the  stations  and  operations  of  the  engine- 
men,  with  their  engines,  and  of  all  other  persons  for  the  purpose  of  ex¬ 
tinguishing  the  fire,  and  whoever  refuses  or  neglects  to  obey  such  orders, 
shall  forfeit  for  each  offence  a  sum  not  exceeding  ten  dollars. 

Sect.  9.  The  Mayor  and  Aldermen,  or  selectmen  of  places  provided 
with  fire  engines,  may  appoint  suitable  persons  for  enginemen,  who  shall 
continue  in  office  during  the  pleasure  of  the  authority  appointing  them. 

Sect.  17.  If  an  engineman  is  negligent  in  his  duties,  the  Mayor  and 
Aldermen,  or  selectmen,  shall  discharge  him,  and  appoint  another  in  his 
place. 

Sect  28.  The  engineers,  and  all  persons  appointed  by  them,  shall  be 
subject  to  the  same  duties  and  natalities,  and  entitled  to  the  same  privile¬ 
ges  and  exemptions,  as  engineers  appointed  by  the  selectmen. 

Sect.  26.  They  shall  immediately  after  such  appointments,  issue  a 
notice  to  each  of  said  engineers  to  meet  at  a  time  and  place  designated 
in  the  notice,  at  which  meeting  the  engineers  shall  choose  a  chief  engineer, 
a  clerk,  and  such  other  officers  as  they  may  deem  necessary  for  their  com¬ 
plete  organization. 


Duties  and 
powers  of  fire¬ 
wards. 


Demolishing 
buildings,  and 
compensations 
therefor. 


Assistance  ren¬ 
dered. 


Direct  engine- 
men. 


Enginemen  ap¬ 
pointed  and 
discharged. 


Liabilities  of 
Engineers. 


To  he  notified 
of  election. 


60 


MUNICIPAL  REGISTER. 


To  hare  powers 
of  firewards. 


Number  of  men 
limited. 


Fire  companies 
and  hose  com¬ 
panies. 


Engineers’ 

duties. 


Expenditures. 

Make  rules  and 
regulations. 


Sect.  26.  The  engineers,  in  relation  to  the  extinguishment  of  fires,  shall 
exercise  the  powers  which  firewards  may  by  law  have  and  exercise ;  and 
in  relation  to  the  nomination  and  appointment  of  enginemen,  shall  exer¬ 
cise  the  powers  and  perform  the  duties  of  selectmen.  They  may  appoint 
such  number  of  men  to  the  engines,  hose,  hook,  ladder,  and  sail  carriages, 
and  to  constitute  fire  companies  for  securing  property  endangered  by  fire 
as  they  may  think  expedient;  but  the  number  of  men  appointed  shall  not 
exceed  to  each  suction  fire  engine,  fifty :  to  each  common  engine,  thirty-  , 
five ;  to  each  hose  carriage,  five ;  to  each  hook  and  ladder  and  sail  car¬ 
riage,  twenty -five ;  and  to  each  fire  company,  twenty-five. 

Sect.  27.  The  engine,  hose,  hook  and  ladder,  and  sail  carriage  men, 
and  fire  companies,  may  organize  themselves  into  distinct  companies,  elect 
the  necessary  officers,  and  establish  such  rules,  regulations,  and  by-laws, 
as  may  be  approved  by  the  Board  of  Engineers,  and  may  annex  penalties 
to  the  breach  of  the  same,  not  exceeding  ten  dollars  in  any  case ;  and  the 
same  may  be  recovered  in  an  action  of  tort  to  the  use  of  the  company. 

Sect.  29.  The  Board  of  Engineers  shall  have  the  care  and  superintend¬ 
ence  of  the  public  engines,  hose,  firehooks,  ladder  carriages,  and  ladders, 
in  their  respective  towns,  together  with  the  buildings,  fixtures,  and 
appendages  belonging  thereto;  and  all  pumps,  reservoirs  for  water,  and 
apparatus,  owned  by  the  town,  and  used  for  extinguishing  fires ;  and  shall 
cause  the  same  to  be  kept  in  repair,  and  when  worn  out  to  be  replaced, 
and  from  time  to  time  shall  make  such  alterations  therein  and  additions 
thereto,  as  they  shall  deem  necessary ;  but  such  alterations,  additions  or 
repairs,  shall  not  in  any  one  year  exceed  the  sum  of  one  hundred  dollars, 
unless  the  town  has  authorized  a  larger  appropriation. 

Sect.  31.  They  may  make  and  ordain  rules  and  regulations  not  repug¬ 
nant  to  the  constitution  and  laws  of  the  State,  for  their  own  government 
and  the  conduct  of  citizens  at  fires,  and  annex  penalties  for  the  breach 
thereof,  not  exceeding  twenty  dollars  for  one  offence,  which  may  be 
recovered  by  the  Chief  Engineer  in  an  action  of  tort,  and  appropriated  by 
the  engineers  to  the  improvement  of  the  fire  appaiatus  of  the  town;  but 
such  rules  and  regulations  shall  not  be  binding  until  approved  by  the 
inhabitants  of  the  town  at  a  meeting  held  for  the  purpose,  and  published 
as  the  town  shall  direct, 


*y  2. 


i' 


FIRE  DEPARTMEMT. 


61 


ORDINANCE. 


CHAPTER  XVni. 

Section  1.  The  Board  of  Engineers  shall  consist  of  one  Board;  how 
Chief  Engineer  and  Assistant  Engineers,  elected  as  compose<L 

provided  in  Charter,  and  removable  at  any  time  by  a  two- 
thirds  vote,  in  concurrence,  of  City  Council.  Any  vacancies 
occurring  shall  be  filled  as  soon  as  possible,  in  the  same  man¬ 
ner  as  the  first  elections. 

Sect.  2.  The  persons  so  chosen  shall  constitute  the  Board  organization, 
of  Engineers,  and  shall  forthwith  proceed  to  organize  as  such, 
by  the  choice  of  a  Clerk,  and  all  other  needed  officers.  A 
majority  of  &aid  Board  shall  be  a  quorum,  and  the  Chief  En-  Quorum, 
gineer  shall  preside,  or  in  his  absence,  the  Engineer  next  in 
rank  who  may  be  present.  The  Board  may  make  such  rules  Rules  andreg- 
and  regulations  for  the  better  government,  discipline  and  or-  ^proved^y6 
der  of  the  Department,  and  for  the  extinguishment  of  fires,  not  ^J^ernand 
repugnant  to  the  laws  of  the  Commonwealth,  as  they  may 
deem  proper ;  the  same  to  be  subject,  however,  to  the  ap¬ 
proval  of  the  Board  of  Mayor  and  Aldermen.  They  shall 
have  general  and  exclusive  supervision  of  the  Fire  Depart- General  super- 
ment  and  its  members,  and  its  machinery  and  material,  and  vlMon’ 
may,  from  time  to  time,  make  such  repairs,  alterations  and 
additions,  in  and  to  the  latter,  as  may  be  necessary ;  but 
such  repairs,  alterations  and  additions  shall  not  exceed  one  Expenditures 
hundred  dollars  in  value  at  one  time,  unless,  a  larger  expen- limited‘ 
diture  shall  have  been  authorized  by  the  City  Council  or 
some  Committee  thereof.  All  bills,  debts  and  claims  in-  Approve  claims, 
curred  by  or  through  said  Board,  shall  be  subject  to  their  ap¬ 
proval  before  payment,  and  no  expenditure  greater  than  the 
annual  appropriation  shall  be  made  by  them  without  the  ap- 


62 


MUNICIPAL  EEGISTEE. 


Inspections. 


Chief  Engi¬ 
neer’s  powers. 


Shall  keep 
records,  and 
make  reports. 


Inspect  appa¬ 
ratus^ 


Members;  how 
appointed. 


proval  of  the  Standing  Committee  on  the  Fire  Department, 
and  a  special  appropriation  therefor.  The  Board  shall  fur¬ 
ther  perform  the  duty  of  inspection  against  fires,  by  inquir¬ 
ing  into,  and  examining  all  places  where  shavings,  or  other 
inflammable  matter  may  be  collected,  and  the  condition  of 
stoves,  funnels,  chimneys,  furnaces,  or  other  sources  and 
conveyances  of  heat,  in  any  shop,  factory,  or  dwelling,  and 
see  that  the  city  regulations  are  complied  with,  and  all  made 
properly  secure  against  conflagrations.  And  this  inspection 
shall  be  thoroughly  performed  at  least  once  every  winter, 
and  as  much  oftener  as  the  good  of  the  city  may  require,  or 
the  orders  of  the  City  Council. 

Sect.  3.  The  Chief  Engineer  shall  have  command  over 
all  other  Engineers  and  members  of  the  department  at  fires, 
and  in  his  absence  the  engineer  next  in  rank  shall  assume 
command  with  the  same  power  and  authority.  The  Chief 
shall  keep,  or  cause  to  be  kept,  fair  and  exact  rolls  of  the 
respective  companies,  embracing  every  member  of  the  de¬ 
partment,  and  showing  the  name  and  age  of  each,  and  the 
time  of  his  admission  and  discharge.  lie  shall  keep  an 
exact  account  of  the  receipts  and  expenditures  of  the  depart¬ 
ment,  and  shall  annually,  in  January,  make  a  detailed  report 
of  the  same  to  the  City  Council,  with  a  list  of  all  losses  and 
accidents  by  fire  in  the  year,  and  the  occasions  thereof,  when 
possible.  He  shall  make  frequent  examinations  of  the  fire 
apparatus,  buildings  and  other  property  of  the  city,  in  the 
department,  and  see  that  the  same  are  at  all  times  in  suit¬ 
able  condition ;  and  for  the  discipline  and  good  order  of  the 
officers  and  men,  and  good  condition  of  fire  apparatus  and 
property,  he  shall  be  held  fully  responsible. 

Sect.  4.  The  appointments  of  members  for  the  different 
companies,  as  provided  by  statute,  shall  be  subject  to  the 
approval  of  the  Board  of  Mayor  and  Aldermen,  and  like¬ 
wise  the  constitutions  and  by-laws  of  the  companies,  which 
latter  shall  always  conform  to  the  City  Ordinances  and  Or¬ 
ders.  Each  steamer  shall  have  no  more  than  twelve  men, 


Steamers. 


CITY  ORDINANCES. 


63 


beside  an  engineer,  fireman  and  a  driver,  all  to  be  appointed 
by  the  Engineers  ;  and  each  member  of  the  steamer  compa¬ 
nies  shall  be  furnished  by  the  Engineers  with  a  copy  of  the 
regulations  specially  adapted  for  steamer  service. 

Sect.  5.  The  Foreman  of  each  company  shall  cause  the  clerk’s  duties, 
clerk  thereof  to  keep  fair  and  exact  rolls  of  the  members  of 
the  same,  stating  the  age,  time  of  admission  and  discharge 
of  each,  in  a  book  provided  by  the  city  for  that  purpose ; 
and  the  same  shall  always  be  open  to  the  inspection  of  the 
Board  of  Engineers.  He  shall  make  true  and  accurate 
returns  of  all  the  members,  and  of  the  condition  of  the 
apparatus  in  his  care,  to  the  Chief  Engineer,  whenever  so 
required. 


CHAP.  XIX. 

Section  1.  The  Board  of  School  Committee  shall  annu-  school  com- 
ally,  in  December,  make  a  detailed  estimate  of  expenditures  «p^je^mate 
in  the  department  of  Public  Schools  for  the  ensuing  year, 
and  present  it,  with  their  other  papers,  to  the  Board  organ¬ 
ized  in  January.  The  new  Board  shall  as  early  as  possible 
in  January,  revise  the  said  estimates  and  present  the  same  to 
the  Committee  on  Finance,  with  such  suggestions  as  they 
deem  requisite. 

Sect.  2.  After  the  appropriations  are  established  by  the  conform  to  Bp- 
Council,  the  Board  shall  strictly  conform  the  expenditures  0f  propuatlon8* 
the  department  to  the  sum  assigned  thereto,  nor  in  any  case 
exceed  such  sum  without  special  sanction  of  the  City  Council, 
previously  obtained.  The  Board  may  however,  at  discretion, 
make  transfers  between  different  branches  of  appropriation 
for  the  department,  when  not  in  conflict  with  orders  of  the 

City  Council. 

Sect.  3.  The  Board  may  have  the  initiative  in  all  projects  nave  initiative 
for  the  alteration,  construction,  purchase  and  sale  of  build-  f°r 

ings  and  land  in  the  Department,  and  no  transactions  of  this 


s 


*>  <■ 


64 


... 


,5  v-">)r' 

t-i 

7  7 

municipal  pegistep. 


Repairs  over 
one  hundied 
dollars;  how 
voted. 


Truants. 


\  L 


q-) 


nature  shall  be  undertaken  without  the  recommendation  or 
approval  of  the  Board  :  but  all  such  matters  shall  be  brought 
before  the  City  Council  for  action.  Any  repairs  or  other  out¬ 
lays,  on  buildings  or  grounds  involving  an  expense  of  over 
one  hundred  dollars  at  any  one  time,  shall  be  brought  before 
the  City  Council  for  action,  and  the  latter  shall  designate  the 
committee  to  have  charge  of  the  work  and  expenditure  if 
ordered,  and  such  committee  shall  report  to  the  City  Council 
at  stated  intervals,  or  when  so  requested  by  two  or  more 
members.  All  other  minor  repairs  and  outlays  within  the 
limitations  prescribed  above,  shall  remain  in  charge  of  the 
Board,  and  be  performed  under  rules  established  thereby. 

Sect.  4.  The  Truant  Committee  shall  see  that  the  Stat¬ 
utes  relating  to  truants  and  neglected  children  are  properly 
enforced;  and  the  City  Almshouse  on  the  City  Farm,  shall 
continue  to  serve  until  otherwise  ordered,  as  the  place  of  ref¬ 
ormation,  instruction,  or  confinement  contemplated  in  the 
acts  relating  thereto,  accepted  by  the  town  of  Haverhill,  May 
14,  1866,  which  acts  are  hereby  continued  in  force  by  the 
City  Council  for  the  City  of  Haverhill. 

!  o  v  &  y  *  ,  i  a 

>'«•  it 

0  i  b- 


1-  / 


I  I 


n 


4 


n 


0 


6 


£  0 


'y  (f  CL 

_ /L 

Me  f 

y  5  f  1 


f v 
rUL 


fVj  Q  / 

/  n  p- 


POOR  DEPARTMENT. 

j  j  l**  s 

STATUTES. 


j  fS 


G.  S.,  1860,  CHAP.  70. 


Section  1.  Every  city  and  town  shall  relieve  and  support  all  poor  and  p0ormustbe 
indigent  persons  lawfully  settled  therein,  whenever  they  stand  in  need  supported, 
thereof. 

Sect.  2.  The  overseers  of  the  poor  shall  have  the  care  and  oversight  under  care  of 
of  all  such  poor  and  indigent  persons  so  long  as  they  remain  at  the  the  Overseers 

of  Poor. 

charge  of  their  respective  cities  or  towns,  and  shall  see  that  they  are 
suitably  relieved,  supported,  and  employed,  either  in  the  workhouse  or 
almshouse,  or  in  such  other  manner  as  the  city  or  town  directs,  or  other¬ 
wise  at  the  discretion  of  said  overseers.  They  may  remove  to  the  alms-  Destitute 
house  such  children  as  are  suffering  destitution  from  extreme  neglect  of  minors  removed 
dissolute  or  intemperate  parents  or  guardians.  t0  almshou9e- 

Sect.  3.  The  overseers  of  the  poor  shall  have  the  same  power  and  au-  powers  of  Over- 
thority  over  persons  placed  under  their  care,  which  directors  or  masters  seers* 
of  workhouses  have  over  persons  committed  thereto. 

Sect.  4.  The  kindred  of  such  poor  persons,  in  the  line  or  degree  of  Kindred  respon- 
f ather  or  grandfather,  mother  or  grandmother,  children  or  grandchildren,  sible  for  expen- 
by  consanguinity,  living  in  this  state  and  of  sufficient  ability,  shall  be  868  of PauPers- 
bound  to  support  such  paupers,  in  proportion  to  their  respective  ability. 

Sect.  5.  The  superior  court  in  the  county  where  any  one  of  such  kin-  Same;  how 

dred  to  be  charged  resides,  upon  complaint  of  any  city,  town  or  kindred  assessed  and 

collected 

who  shall  have  been  at  expense  for  the  relief  and  support  of  such  pauper, 
may,  on  due  hearing,  assess  and  apportion  upon  such  of  the  kindred  as 
they  shall  find  to  be  of  sufficient  ability,  and  in  proportion  thereto,  such  proviso, 
sum  as  they  shall  deem  reasonable  for  or  towards  thesupportof  the  pauper, 
to  the  time  of  such  assessment ;  and  may  enforce  payment  thereof  by  ex¬ 
ecution  in  common  form :  provided,  that  such  assessment  shall  not  extend  to 
any  expense  for  relief  afforded  more  than  six  months  previous  to  the  filing 
of  the  complaint. 

Sect.  6.  The  court  may  further  assess  and  apportion  upon  said  kindred  other  expense 
such  weekly  sum  as  they  shall  deem  sufficient  for  the  future  support  of  the  of  said  paupers, 
pauper,  to  be  paid  quarter-yearly  until  the  further  order  of  court :  and 
upon  application  from  time  to  time  of  the  city,  to  n  or  kindred,  to  whom 
the  same  is  ordered  to  be  paid,  the  clerk  of  said  court  shall  issue  and  may 
renew  an  execution  for  the  arrears  of  any  preceding  quarter. 

5  /  •> 


66 


municipal  register. 


Division  of 
expenses  of  said 
paupers. 


Division  of 
board  of  said 
paupers. 


Complaints ; 
how  conducted. 


Other  kindred; 
how  summoned 


Alterations  by 
Court. 


Overseers  shall 
provide  for 
paupers  of  other 
places, 

and  recover  all 
expense  of 
same. 


Bar  of  action. 


Limit  of  collec 
tion  for  foreign 
paupers. 


Paupers  of 
other  States, 


Sect.  7.  When  the  court  adjudges  two  or  more  of  the  kindred  of  a 
pauper,  to  be  of  sufficient  ability  to  contribute  to  his  support,  they  shall 
tax  no  more  costs  against  any  one  respondent  than  is  occasioned  by  his 
default  or  individual  defence. 

Sect.  8.  The  court  may  further  order  with  whom  of  such  kindred  that 
may  desire  it,  such  pauper  shall  live  and  be  relieved,  and  such  time  with 
one,  and  such  time  with  another,  as  they  shall  deem  proper,  having  regard 
to  the  comfort  of  the  pauper,  as  well  as  the  convenience  of  the  kindred. 

Sect.  9.  The  complaint  made  as  provided  in  this  chapter,  shall  be  filed  • 
in  the  clerk’s  office,  and  a  summons  shall  be  thereupon  issued  requiring 
the  kindred  therein  named  to  appear  and  answer  thereto;  which  summons 
shall  be  directed  to  any  officer  qualified  to  serve  civil  process  between  the 
parties,  and  served  like  an  original  summons,  fourteen  days  at  least  before 
the  sitting  of  the  court  to  which  it  is  returnable. 

Sect.  10.  Upon  suggestion  that  there  are  other  kindred  of  ability,  not 
.  summoned  in  the  original  process,  they  may  be  summoned,  and  after  due 
notice,  whether  they  appear  or  are  defaulted,  the  court  may  proceed 
against  them  in  the  same  manner  as  if  they  had  been  summoned  upon  the 
original  complaint. 

Sect.  11.  The  court  may  take  further  order  from  time  to  time  in  the 
premises  upon  application  of  any  party  interested,  and  may  alter  such 
assessment  and  apportionment  according  to  circumstances ;  and  upon  all 
such  complaints  they  may  award  costs  to  either  party  as  justice  requires. 

Sect.  12.  Said  overseers,  in  their  respective  places,  shall  provide  for 
the  immediate  comfort  and  relief  of  all  persons  residing  or  found  therein, 
having  lawful  settlements  in  other  places,  when  they  shall  fall  into  distress 
and  stand  in  need  of  immediate  relief,  and  until  they  are  removed  to  the 
places  of  their  lawful  settlements :  the  expenses  whereof,  incurred  within 
three  months  next  before  notice  given  to  the  place  to  be  charged,  as  also 
of  their  removal,  or  burial  in  case  of  their  decease,  may  be  recovered  by 
the  place  incurring  the  same  against  the  place  liable  therefor,  in  an  action 
at  law,  to  be  instituted  within  two  years  after  the  cause  of  action  arises, 
ubt  not  otherwise. 

Sect.  13.  A  recovery  in  such  action  shall  bar  the  place  against  which 
it  shall  be  had  from  disputing  the  settlement  of  such  pauper  with  the  place 
so  recovering,  in  any  future  action  brought  for  his  support. 

Sect.  14.  When  a  person  is  supported  in  a  place  other  than  that  in 
’  which  he  has  his  settlement,  the  place  liable  for  his  support  shall  not  be 
required  to  pay  therefor  more  than  at  the  rate  of  one  dollar  a  week ;  pro¬ 
vided,  that  the  place  so  liable  shall  cause  the  pauper  to  be  removed  within 
thirty  days  from  the  time  of  receiving  legal  notice  that  such  support  has 
been  furnished. 

Sect.  15.  The  overseers  of  the  poor  of  each  place  shall  also  relieve, 
support,  and  employ,  all  poor  persons  residing  or  found  therein,  having 
no  lawful  settlements  within  this  state,  until  their  removal  to  a  state  alms¬ 
house,  and  in  case  of  their  decease  shall  decently  bury  them;  the  expense 


POOR  DEPARTMENT. 


67 


whereof  may  be  recovered  of  their  kindred,  if  they  have  any  chargeable  and  expenses, 
by  law  for  their  support,  in  the  manner  herein  before  provided ;  and  if  in  tow 
case  of  their  burial  the  expense  thereof  is  not  paid  by  such  kindred,  there 
shall  be  paid  from  the  treasury  of  the  commonwealth,  five  dollars  for  the 
funeral  expenses  of  each  pauper  over  twelve  years  of  age,  and  two  dollars 
and  fifty  cents  for  the  funeral  expenses  of  each  pauper  under  that  age. 

Sect.  16.  Every  city  and  town  shall  be  held  to  pay  any  expense  neces-  City’s  liability 
sarily  incurred  for  the  relief  of  a  pauper  therein  by  any  person  who  is  not  fo^a11  its  re¬ 
liable  by  law  for  his  support,  after  notice  and  request  made  to  the  overseers 
thereof,  and  until  provision  is  made  by 

Sect.  17.  The  overseers  of  any  place  may  send  a  written  notification,  Notifications 
stating  the  facts  relating  to  any  person  actually  become  chargeable  thereto,  ^g^ept°uperg 
to  one  or  more  of  the  overseers  of  the  place  where  his  settlement  is  sup-  Their  removal, 
posed  to  be,  and  requesting  them  to  remove  him,  which  they  may  do  by  a 
written  order  directed  to  any  person  therein  designated,  who  may  execute 
the  same. 

Sect.  18.  If  such  removal  is  not  effected  by  the  last  mentioned  over-  How  removed, 
seers  within  two  months  after  receiving  the  notice,  they  shall  within  said 
two  months  send  to  one  or  more  of  the  overseers  requesting  such  removal 
a  written  answer,  signed  by  one  or  more  of  them,  stating  therein  their 
objections  to  the  removal :  and  if  they  fail  so  to  do,  the  overseers  who 
requested  the  removal  may  cause  the  pauper  to  be  removed  to  the  place 
of  his  supposed  settlement,  by  a  written  order  directed  to  any  person 
therein  designated,  who  may  execute  the  same,  and  the  overseers  of  the  and  received, 
place  to  which  the  pauper  is  so  sent  shall  receive  and  provide  for  him ; 
and  such  place  shall  be  liable  for  the  expenses  of  his  support  and  removal, 
to  be  recovered  in  an  action  by  the  place  incurring  the  same,  and  shall  be 
barred  from  contesting  the  question  of  settlement  with  the  plaintiffs  in 
such  action. 

Sect.  19.  The  notification  and  answer  mentioned  in  the  two  preced-  Notifications; 
ing  sections  may  be  sent  by  mail ;  and  such  notification  or  answer,  directed 
to  the  overseers  of  the  poor  of  the  place  intended  to  be  notified  or 
answered,  postage  prepaid,  shall  be  deemed  a  sufficient  notice  or  answer, 
and  shall  be  considered  as  delivered  to  the  overseers  to  whom  it  is  directed, 
at  the  time  when  it  is  received  in  the  post-office  of  the  place  to  which  it 
is  directed  and  in  which  the  overseers  reside. 

Sect.  20.  Whoever  brings  into  and  leaves  any  poor  and  indigent  per-  Penalty  for  m- 
son  in  any  place  in  this  state,  wherein  such  pauper  is  not  lawfully  settled,  t][oducins  for* 

eign  pnupcrs, 

knowing  him  to  be  poor  and  indigent,  and  with  intent  to  charge  such 
place  with  his  relief  or  support,  shall  forfeit  a  sum  not  exceeding  one 
hundred  dollars  for  each  offence,  to  be  recovered  in  an  action  of  tort  to 
the  use  of  such  place. 

Sect.  21.  Upon  the  death  of  a  pauper  who  at  the  time  of  his  decease  Estate  of  de- 

,  .  .  ,  .  ,  .  ,  ,  ceased  paupers , 

is  actually  chargeable  to  any  place  within  this  state,  the  overseers  of  the 

poor  of  such  place  may  take  possession  of  all  his  real  and  personal  prop¬ 
erty  ;  and  if  administration  is  not  taken  upon  his  estate  within  thirty 


68 


MUNICIPAL  REGISTER. 


Overseers  to 
prosecute  suits. 


Apprentices  and 


their  treatment. 


Lunatics. 


Records  kept 
by  Overseers, 


and  returns 
made  to  Board 
of  State  Chari¬ 
ties. 


Penalty  for 
neglect. 


days  after  his  decease,  the  overseers  may  in  their  own  names  sell  and 
convey  so  much  thereof  as  may  be  necessary  to  repay  the  expenses  in¬ 
curred  for  the  pauper.  If  any  part  of  such  property  is  withheld  from 
said  overseers,  they  may  in  their  own  names  sue  for  and  recover  possession 
of  the  real  estate,  and  shall  have  the  same  remedy  for  the  recovery 
of  the  personal  estate  or  its  value,  that  an  administrator  might  have  in 
like  case. 

Sect.  22.  In  all  actions  and  prosecutions  founded  on  the  preceding 
provisions  of  this  chapter,  the  overseers  of  the  poor  of  any  place  or  any 
person  by  writing  under  their  hands  appointed  shall  appear,  prosecute,  or 
defend  the  same  to  final  judgment  and  execution,  in  behalf  of  such  place. 

G.  S.  1860,  CHAP.  111. 

Sect.  4.  A  minor  child  who  is,  or  either  of  whose  parents  is,  charge¬ 
able  to  a  town  as  having  a  lawful  settlement  therein,  or  supported  there 
at  the  expense  of  the  state,  may  be  bound  as  an  apprentice  or  servant  by 
the  overseers  of  the  poor. 

Sect.  9.  Parents,  guardians,  selectmen  and  overseers,  shall  inquire 
into  the  treatment  of  all  children  bound  by  them  respectively,  or  with 
their  approbation,  and  of  all  bound  by  or  with  the  approbation  of  the 
predecessors  in  office  of  any  of  them,  and  defend  tb  em  from  all  cruelty, 
neglect  and  breach  of  contract,  on  the  part  of  masters. 

G.  S.  1864,  CHAP.  288. 

Sect.  6.  It  shall  be  the  duty  of  the  overseers  of  the  poor  of  any  city  or 
town  except  the  city  of  Boston,  to  commit  to  one  of  the  state  lunatic  hos¬ 
pitals,  or  the  Boston  lunatic  hospital,  with  the  consent  of  the  trustees 
thereof,  any  person  supported  by  such  city  or  town  who  is  suffering  from 
recent  insanity,  and  is  a  fit  subject  for  remedial  treatment. 

G.  S.  1867,  CHAP.  209. 

Sect.  1.  It  shall  be  the  duty  of  overseers  of  the  poor  in  all  the.  cities 
and  towns  of  this  commonwealth  to  keep  full  and  accurate  records  of 
the  paupers  fully  supported,  the  persons  relieved  and  partially  supported, 
the  travellers  and  vagrants  lodged  at  the  expense  of  said  cities  and  towns, 
together  with  the  amount  paid  for  such  support  and  relief. 

Sect.  2.  Such  annual  returns  of  the  number,  sex,  place  of  settlemefit, 
place  and  cost  of  support,  sanity  and  temperance  of  the  persons  supported 
and  relieved  by  cities  and  towns,  and  such  other  particulars  concerning 
them  as  may  be  required  by  the  board  of  state  charities,  shall  be  made  by 
the  overseers  of  the  poor  to  the  secretary  of  said  board  on  or  before  the 
twentieth  day  of  October  in  each  year,  and  shall  relate  to  the  year  ending 
on  the  thirtieth  day  of  September  preceding. 

Sect.  3.  If  the  overseers  of  any  town  or  city  shall  refuse  or  neglect  to 
comply  with  the  requirements  of  this  act,  said  town  or  city  shall  forfeit  the 
sum  of  one  dollar  for  each  day’s  neglect,  and  the  amount  of  such  forfeiture 
shall  be  deducted  from  any  sum  to  which  said  town  or  city  may  be  entitled 


POOR  DEPARTMENT. 


69 


in  reimbursement  for  relief  of  state  paupers  as  provided  in  chapters  one 
hundred  and  sixty-two  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
five,  and  two  hundred  and  thirty-four  of  the  acts  of  the  year  eighteen  hun¬ 
dred  and  sixty-six ;  and  in  case  no  such  reimbursement  shall  be  due  to  said 
town  or  city,  the  forfeiture  shall  be  deducted  from  any  money  which  may 
be  due  such  town  or  city  from  the  state. 

G.  S.  1868,  CHAP.  279. 

Sect.  1.  It  shall  be  unlawful  for  the  overseers  of  the  poor,  of  any  city  Minors  not  to 
or  town,  to  remove  beyond  the  limits  of  this  commonwealth,  any  minor  be  removed 

from  State  by 

under  their  control,  or  cause  or  allow  the  same  to  be  done,  or  to  withhold  overseers  of 
information  concerning  the  maintenance  of  such  minor,  from  any  person  Poor, 
entitled  to  receive  the  same  :  provided ,  that  the  judges  of  probate,  may,  Proviso, 
upon  application  of  the  overseers  of  the  poor  of  any  town  in  their  respec¬ 
tive  counties,  upon  a  hearing  thereon,  after  due  notice  to  all  parties  inter¬ 
ested,  authorize  such  removal  to  be  made ;  and  provided ,  further ,  that  this 
act  shall  not  apply  to  minors  who  have  a  settlement  in  other  states. 

Sect.  2.  Any  overseers  of  the  poor  violating  the  provisions  of  the  Penalty, 
preceding  section  shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars. 


CHAPTER  XX. 

Section  1.  The  Board  of  Overseers  of  Poor,  at  or- 0verseers  of 
ganization  shall  choose  one  of  their  number  as  Clerk  of  the  ganized. 
Board,  who  shall,  in  books  provided  by  the  city,  keep  an 
accurate  record  of  the  transactions  of  the  Board  with  the  Duties  of  Clerk 
expenditures  authorized  thereby,  and  shall  open  accounts  with 
the  different  corporations  and  persons  chargeable  with 
expense  incurred  by  the  department,  and  all  the  necessary 
accounts,  and  keep  the  same  with  care  and  exactness,  ex¬ 
hibiting  a  statement  thereof  whenever  required  by  the  Board 
of  Aldermen  or  by  the  City  Council.  He  shall  annually 
make  up  the  returns  and  statistics  required  by  law  to  be  ren¬ 
dered  to  the  Secretary  of  the  Commonwealth,  and  shall  also 
perform  any  further  clerical  duties  required  by  the  Board  of 
Overseers. 

Sect.  2.  The  Board  shall  hold  regular  meetings  for  busi-  Meetings, 
ness  (a  majority  constituting  a  quorum)  at  least  once  each 
month,  at  City  Hall,  on  such  days  and  hours  as  they  may 


A 


j  V 


vj  i^y 


70 


O  CV 


^MUNICIPAL  REGISTER. 


,j 


'v. 


Annual  esti¬ 
mates  for 
department. 


Shall  conform 
expenditures  to 
appropriations. 


Extraordinary 
expenditures  to 
have  sanction  of 
City  Council. 


Records  kept  of 
applications  for 
aid. 


Annual  report. 


Books  subject 
to  inspection. 


designate ;  notice  of  which  shall  be  publicly  given  in  one  or 
more  city  papers.  Special  meetings  may  be  held  at  call  of 
the  Mayor  or  two  members  of  the  Board. 

Sect.  3.  Annually  in  December  the  Board  shall  make  a 
careful  estimate  for  expenditures  in  the  department  the  fol¬ 
lowing  year,  and  present  it  with  their  other  papers  to  the  new 
Board  organized  in  January.  The  new  Board  shall,  as  early 
as  possible  in  January,  revise  the  same,  and  present  it  to  the 
Committee  on  Finance. 

Sect.  4.  After  the  appropriations  are  established  by  the 
City  Council,  the  Board  shall  strictly  conform  the  expendi¬ 
tures  of  the  department  to  the  sum  assigned  thereto,  nor  in 
any  case  exceed  such  sum  without  the  sanction  of  the  City 
Council  previously  obtained.  Any  alterations  or  repairs  of 
buildings  in  the  department,  requiring  an  outlay  of  over  one 
hundred  dollars  at  any  one  time,  or  any  project  for  new 
buildings,  shall,  after  receiving  the  approval  of  the  Board, 
be  laid  before  the  City  Council  for  action ;  and  if  ordered, 
the  latter  shall  designate  the  Committee  to  have  charge  of 
the  work  and  expenditure,  such  Committee  reporting  their 
doings  to  the  City  Council  at  stated  intervals,  or  when  so 
requested  by  two  or  more  members. 

Sect.  5.  The  Board  shall,  in  books  provided  by  the  City, 
cause  entries  to  be  kept  of  aid  furnished  to,  or  application 
made  by,  needy  persons,  and  the  circumstances  under  which 
relief  was  supplied;  also  all  further  information  regarding 
each  individual  case  which  it  may  be  for  the  interest  of  the 
city  to  have  preserved ;  the  same  to  be  kept  in  a  methodical 
and  orderly  manner,  convenient  for  reference.  The  Board 
shall  annually  in  January  present  to  the  City  Council,  a  full 
report  of  the  transactions  of  the  department  for  the  last 
financial  year,  with  such  comments  and  suggestions  as  deemed 
expedient.  All  books  and  accounts,  or  other  papers  pertain¬ 
ing  to  the  department,  shall  at  all  times  be  subject  to  the  in¬ 
spection  of  the  Mayor  and  Aldermen,  or  any  committee 
appointed  for  the  purpose  by  the  City  Council. 


POOR  DEPARTMENT. 


71 


CHAPTER  XXI. 


The  several  Ordinances  classified  under  headings  of  Chap-  ordinances 
ter  I.  to  Chapter  XXI.  inclusive,  shall  take  effect  and  become  when  operatlve  * 
operative  as  legal  enactments,  from  and  after  the  first  day  of 
Mav,  one  thousand  eight  hundred  and  seventy  ;  and  all  by-  Haverhiiiby- 
laws  of  the  Town  of  Haverhill  heretofore  operative,  shall 
from  and  after  said  first  day  of  May  be  hereby  repealed  and 
abolished. 

In  Common  Council,  April  13,  1870.  Passed  to  be  Or¬ 
dained. 

MOSES  HOW,  President. 


In  Board 
Ordained. 

A  true  copy. 


of  Aldermen,  April  23,  1870.  Passed  to  be 


W.  R.  WHITTIER,  Mayor . 

Attest 

D.  B.  TENNEY,  City  Clerk. 


CHAPTER  XXII. 

Section  1.  The  compact  part  of  the  city  when  not  other¬ 
wise  explained,  shall  be  construed  to  extend  as  far  on  each 
street  as  the  public  lamp-posts,  and  shall  include  all  the  dis¬ 
trict  within  the  bounds  defined  by  such  lamp-posts. 


CHAPTER  XXIII. 

Sections  1  to  5  inclusive  of  Chapter  87,  and  sections  33  to 
40  inclusive  of  Chapter  88  of  the  General  Statutes  of  Mas¬ 
sachusetts,  and  also  Chapter  74  of  the  Acts  of  1862,  be  and 
hereby  are  accepted  for  the  City  of  Haverhill.  This  ordi¬ 
nance  to  take  effect  from  and  after  its  passage. 


MUNICIPAL  REGISTER. 


The  following  are  the  Statutes  referred  to  in  the  foregoing 
Chapter  XXIII :  — 


G.  S.  I860.  CHAP.  87. 

Burntbr dan-  Section  1.  In  any  city  or  town  which  has  adopted  chapter  four  hun- 
gerous  build-  dred  and  sixty-nine  of  the  statutes  of  eighteen  hundred  and  fifty-five,  or 
ings  adjudged  ghall  adopt  this  and  the  four  following  sections,  at  a  legal  meeting 

how  disposed  of  the  city  council  or  inhabitants  of  the  town,  if  the  mayor  and  aldermen 
of.  or  selectmen,  after  due  notice  in  writing  to  the  owner  of  any  burnt, 

1855,469,  §§i,6.  ddapidated,  or  dangerous  building,  and  a  hearing  of  the  matter,  adjudge 
the  same  to  be  a  nuisance  to  the  neighborhood,  or  dangerous,  they  may 
make  and  record  an  order  prescribing  such  disposition,  alteration,  or 
regulation  thereof  as  they  deem  necessary ;  and  thereupon  the  city  or 
town  clerk  shall  deliver  a  copy  of  the  order  to  a  constable,  who  shall 
forthwith  serve  an  attested  copy  thereof  upon  such  owner,  and  make 
return  of  his  doings  thereon  to  said  clerk. 

Owner  ag-  Sect.  2.  Any  owner  aggrieved  by  such  order  may  within  three  days  of 

grieved  may  ap-  the  service  thereof  upon  him  apply  for  a  jury  to  the  superior  court,  if 
18^469^3.  sitting  in  the  county,  or  to  any  justice  thereof  in  vacation.  The  court 

1859, 196.  or  justice  shall  issue  a  warrant  for  a  jury,  to  be  empanelled  by  the  sheriff 

within  fourteen  days  from  the  date  of  the  warrant,  in  the  manner  provided 
in  chapter  forty-three  relating  to  highways. 

Verdict  of  jury,  Sect.  3.  The  jury  may  affirm,  annul,  or  alter,  such  order;  and  the 
sheriff  shall  return  the  verdict  to  the  next  term  of  the  court  for  accept¬ 
ance,  and,  being  accepted,  it  shall  take  effect  as  an  original  order. 

Sect.  4.  If  the  order  is  affirmed,  costs  shall  be  taxed  against  the  appli¬ 
cant;  if  it  is  annulled,  the  applicant  shall  recover  damages  and  costs 
against  the  city  or  town ;  if  it  is  altered  in  part,  the  court  may  render  such 
judgment  as  to  costs  as  justice  shall  require. 

Sect.  5.  The  mayor  and  aldermen  or  selectmen  of  any  city  or  town 
shall  have  the  same  power  and  authority  to  abate  and  remove  any  such 
nuisance,  as  are  given  to  the  board  of  health  in  sections  eight,  nine,  and 
ten,  of  chapter  twenty- six. 


&c. 

1855,  496,  §  4. 
Costs. 

1855,  469,  §  5. 


Nuisance  may 
be  abated,  &c. 
1849,  211. 

1855,  469,  §  2. 


IBID.  CHAP.  88. 

Steam-engines  Sect.  33.  No  furnace  for  melting  iron  or  making  glass,  and  no  station- 
and  furnaces  ary  steam  engine  designed  for  use  in  any  mill  for  planing  or  sawing  boards 
not  to  be  used  or  turning  wood>  or  in  which  any  other  fuel  than  coal  is  used  to  create 

witbouat  licence,  steam,  Shan  be  erected  or  put  up  to  be  used  in  any  city  or  town  by  which 
1845, 197,  §§  1,10.  the  provisions  relating  thereto  of  chapter  one  hundred  ninety-seven  of 
1846,  96,  §§  l,  3.  statutes  of  eighteen  hundred  and  forty -five,  or  chapter  ninety-six  of 
the  statutes  of  eighteen  hundred  and  forty-six  respectively  have  been 
adopted,  or  by  which  this  and  the  seven  following  sections  shall  have 


STATUTES. 


73 


O 


h  L)\ 


C/  1 

been  adopted,  at  a  legal  meeting  of  the  city  council  of  the  city  or  the 
inhabitants  of  the  town  called  for  that  purpose,  unless  the  mayor  and 
aldermen  or  selectmen  thereof  have  granted  a  license  therefor,  prescribing 
the  place  where  the  building  in  which  such  steam-engine  or  furnace  is  to 
be  used  shall  be  erected,  the  materials  and  construction  thereof,  with  such 
regulations  as  to  the  height  of  flues  and  protection  against  fire  as  they 
deem  necessary  for  the  safety  of  the  neighborhood.  Such  licenses  may 
be  granted  on  a  written  application,  and  shall  be  recorded  in  the  records 
of  the  city  or  town. 

Sect.  34.  Upon  application  for  such  license,  the  mayor  and  aldermen  Public  notice 'of 
or  selectmen  shall  assign  a  time  and  place  for  the  consideration  of  the  applications  for 
same,  and  cause  at  least  fourteen  days’  public  notice  thereof  to  be  give  n  ^c' 

°  1845,  197,  §  5. 

at  the  expense  of  the  applicant,  in  such  manner  as  they  #may  direct,  in 
order  that  all  persons  interested  may  be  heard  thereon. 

Sect.  35.  In  any  city  or  town  by  which  chapter  one  hundred  and  Municipal  offi- 
ninety-seven  of  the  statutes  of  eighteen  hundred  and  forty-five  has  been  cers  may  resu* 


L  V 


£ 


2- 


late  furnaces, 
steam-engines, 


adopted,  or  by  which  sections  thirty-three  to  forty  inclusive  shall  have 
been  adopted  at  a  legal  meeting  of  the  city  council  of  the  city  or  inhabitants  &c. 
of  the  town  called  for  that  purpose,  the  mayor  and  aldermen  or  selectmen,  1845’ 197’ §§  2_ 
after  due  notice  in  writing  to  the  owner  of  such  steam-engine  or  furnace,  10* 
except  for  making  glass,  erected  or  in  use  therein  before  the  time  of  such 
adoption,  and  a  hearing  of  the  matter,  may  adjudge  the  same  to  be 
dangerous  or  a  nuisance  to  the  neighborhood,  and  make  and  record  an 
order  prescribing  such  rules,  restrictions,  and  alterations,  as  to  the 
building  in  which  the  same  is  constructed  or  used,  the  construction  and 
height  of  its  smoke  flues,  with  such  other  regulations  as  they  deem 
necessary  for  the  safety  of  the  neighborhood ;  and  the  city  or  town  clerk 
shall  deliver  a  copy  of  such  order  to  a  constable ,  who  shall  serve  on  the 
owner  an  attested  copy  thereof  and  make  return  of  his  doings  thereon  to 
said  clerk  within  three  days  from  the  delivery  thereof  to  him. 

Sect.  36.  The  owner  of  sf  steam-engine  or  furnace  who  is  agrieved  by  Appeal  and  pro- 

such  order,  may  apply  to  the  superior  court,  or  a  justice  thereof  in  vaca-  ceedings  there- 

tion,  for  a  jury;  and  the  court  or  justice  shall  issue  a  warrant  for  a  iurv 

.  J  J  1845,  197,  §  6. 

to  be  empanelled  by  the  sheriff  in  like  manner  as  is  provided  in  chapter  1859, 196. 
forty-three  in  regard  to  the  laying  out  of  highways.  Such  application 
shall  be  made  within  three  days  after  the  order  is  served  upon  the  owner, 
and  the  jury  shall  be  empanelled  within  fourteen  days  from  the  issuing  of 
the  warrant. 

Sect.  37.  The  court  or  justice,  on  granting  the  application  for  a  jury,  Court  may  re¬ 
may  issue  an  injunction  restraining  the  further  use  of  such  engine  or  fur-  8train  U8e  while 
nace  until  the  final  determination  of  the  application.  appeai  is  pend- 

Sect.  38.  The  jury  may  find  a  verdict  either  affirming  or  annulling  the  1845,197,  §  7. 
order  in  full,  or  making  alterations  therein;  which  verdict  shall  be  Verdict  of  jury 


6 


may  affirm,  &c. 


y  \  ^ 


n 


i  [  i 


order.  Accept 
ance  of  verdict 
1345, 197,  §  8. 

Recovery  of 
costs. 

1845,  197,  §  9. 


Engines,  &c., 
when  common 
nuisance,  &c. 

R.  S.  21,  §§  10, 
11. 

1845, 197,  §§  3, 10. 
1846,  96,  §§  2,  3. 
1849,  211,  §§  3,  4, 
5,  8. 

Stationary  en¬ 
gines  not  to  be 
put  up  or  used 
within  500  feet 
of  certain  build¬ 
ings  without 
license. 

G.  S-  88,  §§  33- 
45. 

If  erected  with¬ 
out  license,  may 
be  abated. 

G.  S.  88,  §  40. 


MUNICIPAL  EEGISTEK. 

returned  by  the  sheriff  to  the  next  term  of  the  court  for  acceptance  as  in 
the  case  of  highways,  and  when  accepted  shall  take  effect  as  an  original 
order. 

Sect.  39.  If  the  order  is  affirmed,  costs  shall  be  recovered  by  the  city 
or  town  against  the  applicant ;  if  it  is  annulled,  damages  and  costs  shall 
be  recovered  by  the  complainant  against  the  city  or  town ;  and  if  it  is 

ft 

altered,  the  court  may  render  such  judgment  as  to  costs,  as  to  justice 
shall  appertain. 

Sect.  40.  Any  steam-engine  or  furnace  erected  or  used  contrary  to  the 
provisions  of  the  seven  preceding  sections,  shall  be  deemed  a  common 
nuisance.  And  the  mayor  and  aldermen  or  selectmen  shall  have  like 
authority  to  remove  the  same  as  is  given  to  boards  of  health  to  remove 
nuisances  by  sections  eight,  nine,  and  ten,  of  chapter  twenty-six. 

1862.  CHAP.  74. 

Section  1.  No  stationary  engine,  propelled  by  steam  or  other  motive- 
power,  shall  be  hereafter  erected  or  put  up  for  use  in  any  city  or  town; 
within  five  hundred  feet  of  any  dwelling-house  or  public  building,  unless 
a  license  therefor  shall  have  been  first  granted  in  the  manner  provided  in 
chapter  eighty-eight  of  the  General  Statutes,  in  respect  to  licenses  of 
steam-engines,  furnaces,  and  boilers ;  and  such  license  shall  be  applied 
for,  granted,  and  recorded  in  manner  as  therein  provided. 

Sect.  2.  Any  stationary  engine  hereafter  erected  without  such  license 
shall  be  deemed  a  common  nuisance,  and  the  mayor  and  aldermen,  or 
selectmen,  shall  have  like  authority  to  remove  the  same  as  is  given  to 
them  by  section  forty  of  said  chapter.' 

Sect.  3.  This  act  shall  not  be  in  force  in  any  city  or  town  until  it  has 
been  adopted  at  a  legal  meeting  of  the  city  council  of  the  city,  or  of  the 
inhabitants  of  the  town  called  for  that  purpose. 


zyd 


TA. 

v 

;tion  27,”  read 
ts  follows :  — 


Section  26/ 


Page  39  — In  foot-note,  for  “ 

Page  41  — After  Sect.  9,  rea^ 

Sect  10.  The  Committee  on  Public  Instruction  shall,  in  conjunction 
with  the  “  Committee  on  School  Boundaries  and  Houses  ”  of  the  General 
School  Committee,  consider  all  propositions  for  the  erection  of  school 
buildings,  or  purchase  of  land  therefor,  changes  in  location  of  schools,  and 
the  disposal  of  vacated  school-houses.  All  matters  thus  considered  and 
decided  upon,  shall  be  submitted  to  the  Board  of  General  School  Com¬ 
mittee  for  approval ;  and  when  approved,  the  secretary  of  said  Board  shall 
issue  a  certificate  thereof  to  the  Chairman  of  this  Committee,  and  the 
subject  matter  shall  be  reported  to  the  City  Council  for  action. 

Any  other  matters,  having  connection  with  schools,  that  may  originate 


in  the  City  Council,  shall  be  also  referred  to  this  Committee. 

Page  53  —  In  Sect.  4  omit  the  following  words  of  the  second,  third, 
fourth,  fifth,  and  sixth  lines,  viz. :  “  Shall  be  so  constructed  that  the 
inside  of  the  same  shall  be  at  least  three  feet  distant  from  the  line  of 
every  adjoining  lot,  unless  the  owner  of  such  lot  shall  consent  or  agree 
otherwise;  and  also  three  feet  from  every  street,  lane,  passage-way  or 
public  place ;  and  every  such  vault  or  privy.” 


